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CR.MA/3782/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3782 of 2010
=========================================================
VIMALBHAI
RASIKLAL GOPIYANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 19/04/2010
ORAL
ORDER
1. RULE.
Mr DC Sejpal, learned APP waives service of rule on behalf of the
State.
2. Heard
Mr Zubin F Bharda, learned advocate for the applicant and Mr DC
Sejpal, learned APP for the State at length and in great detail. The
applicant is the main accused who is facing the charge for the
offence punishable under Sections 498-A, 328, 376, 506(2) and 114 of
the IPC. As per the FIR and the police papers produced for my
perusal, the applicant who happens to be father in law of the victim
committed rape on the victim without her consent and against her
will.
3. Considering
the aforesaid aspects, when the matter was argued at length, the
application was not pressed and therefore, the same being Criminal
Misc. Application No.1792 of 2010 was disposed of as not pressed by
the learned advocate for the applicant on 8.3.2010. This being a
successive bail application, there is no change in the circumstances
which would warrant interference of this Court while exercising the
powers under Section 439 of the Code of Criminal Procedure.
4. In
view of the above, as the application is devoid of merits, the same
is hereby rejected. Rule is discharged.
[H.B.ANTANI,
J.]
mrpandya
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