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CR.MA/14162/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14162 of 2010
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
INDRAJIT
AMARSINH RAOL - Respondent(s)
=========================================
Appearance :
MR
HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR
for Applicant(s) : 1,
RULE
SERVED for Respondent(s) : 1,
MR YM THAKKAR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 24/12/2010
ORAL
ORDER
By
way of present application the applicant-State has challenged the
order granting anticipatory bail to the respondent-accused vide its
order dated 21st July 2010 passed by the learned Sessions
Judge, Panchmahal at Godhra in Criminal Miscellaneous Application
No.494 of 2010.
Heard
Mr.H.H. Parikh, learned Additional Public Prosecutor appearing on
behalf of applicant-State. He has contended that the learned Judge
has passed the order without appreciating the facts of the case and
material produced on record. He has also contended that the order
passed by the learned Judge is not legal and proper. He has also
contended that the learned Judge has committed grave error in
enlarging the respondent-accused on bail. He has also contended that
still detail investigation is required to be made and therefore, at
this stage enlarging the respondent-accused on anticipatory bail
would adverse the case of the prosecution. He, therefore, contended
that the order passed by the learned Judge is required to be quashed
and set aside.
I
have perused the papers produced before me as well as submissions
advanced by Mr.Parikh. I have also perused the order passed by the
learned Judge. It appears from the papers that complaint was lodged
after the order passed by this Court in a petition directing the
Collector to make inquiry. It also appears from the papers that the
learned Judge has passed the order after taking into consideration
the evidence produced on record.
In
view of the above, I am of the opinion that there is nothing in
matter to entertain. I have not found any substance in the present
application. Hence, the present application deserves to be dismissed
and is hereby dismissed. Rule is discharged.
(Z.
K. Saiyed, J)
Anup
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