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CR.MA/278/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 278 of 2011
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
FIROZ
HAMID PATEL & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HL JANI, APP for Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/01/2011
ORAL
ORDER
The
State has filed this application under Section 439(2) read with
Section 482 of the Code of Criminal Procedure for cancellation of
regular bail granted to the respondents – accused vide order
dated 27.10.2010 passed by learned Additional Sessions Judge, Dahod
in Criminal Misc. Application.
Learned
APP Mr. Jani has contended that first the respondents have obtained
anticipatory bail from this Court, but, they never surrendered before
the Police and thereafter they have obtained regular bail from the
Sessions court. From the order, it appears that before the Sessions
Court the learned Public Prosecutor has not seriously opposed the
grant of regular bail to the respondents. More so, it is clearly
observed by the learned Judge in Para – 6 of the order that the
prosecution has not explained the delay in filing the complaint late.
The accused and the complainant have also compromised the matter and
they have filed Affidavit on 5.5.2010 before the Notary in which it
is stated that the victim is in love with accused Imran and they want
to marry each other and accused have not abducted the victim.
In
view of above, I am of the opinion that the learned Judge has not
committed any error in enlarging the respondents – accused on
regular bail.
Accordingly,
this application is dismissed.
(Z.K.SAIYED,
J.)
sas
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