( 1 ) RULE. Mr. U. A. Trivedi, learned A. P. P. , appears and waives service of notice of rule on behalf of respondent No. 1-State whereas Mr. Y. S. Lakhani, learned Advocate appears and waives service of notice of rule on behalf of respondent No. 2.

( 2 ) BY means of filing this petition under the provisions of Sec. 439 (2) of the Code of Criminal Procedure (the Code for short hereinafter), the petitioner, who is the original complainant, has prayed for cancellation of bail granted to respondent No. 2 by learned Additional Sessions Judge, Mehsana vide order dated November 4, 1999 recorded in Misc. Criminal Application No. 47 of 1999.

( 3 ) THE brief facts of the prosecution case, as per the F. I. R. , are as under :3. 1. On May 2, 1999 at about 7-00 p. m. , the petitioners uncle ranchhodbhai Dhanabhai had gone to fetch water from water tank which is situated in the field of Shantubhai Panabhai. Harshadbhai, son of said Shantubhai, abused Ranchhodbhai, and thereafter, Shantubhai and his son Harshadbhai gave blows with stick and also kicked him and inflicted fist blows to him. It is also alleged that thereafter said Ranchhodbhai returned to his Mohalla. It is further alleged that while the complainant along with others were sitting in the Mohalla, respondent No. 2 along with others came there with deadly weapons like stick, pipe and dharia and again started quarrelling and gave threat to deceased hargovanbhai, the brother of the complainant. Thereafter respondent No. 2 gave pipe blows on the head of deceased Hargovanbhai and others also inflicted blows on him as well as on the complainant and other injured witnesses and as a result of the said injuries Hargovanbhai succumbed during treatment. 3. 2. From the averments made in the petition it become obvious that C. R. No. I-67 of 1999 is registered with Kheralu Police Station pursuant to the F. I. R. , lodged by Vithalbhai Tulsibhai Parmar against three persons including respondent no. 2 for commission of the offences punishable under Secs. 147, 148, 149, 302, 323, 504 and 506 (2) of the Indian Penal Code (i. P. C. for short) and under Sec. 3 (1) (10) of Prevention of Atrocities Act (the Act for short)

( 4 ) I have heard Ms. Sneha Joshi, learned Advocate for the petitioner, Mr. U. A. Trivedi, learned A. P. P. , for respondent No. 1-State and Mr. Y. S. Lakhani, learned Advocate for the respondent No. 2. I have also considered the averments made in the petition and also perused the impugned order passed by the learned Additional Sessions Judge granting bail to respondent No. 2 and the judgments cited at the bar.

( 5 ) MS. Joshi invited my attention to the following applications for bail preferred by the respondent No. 2 for enlarging him on bail : (1) Misc. Criminal Application No. 13 of 1999 preferred by respondent No. 2 before the learned Additional Sessions Judge, Mehsana for enlarging him on bail. The learned Additional Sessions Judge vide order dated May 13, 1999 refused to grant bail to respondent No. 2. However, learned additional Sessions Judge granted bail to other co-accused. (2) After submission of charge-sheet respondent No. 2 preferred Misc. Criminal Application No. 21 of 1999 which also came to be rejected by the same learned Additional Sessions Judge vide order dated July 2, 1999. (3) Respondent No. 2, thereafter, approached this Court by filing Misc. Criminal Application No. 4015 of 1999 which also came to be rejected by this Court (Coram: A. K. Trivedi, J.) vide order dated July 12, 1999. (4) Respondent No. 2 preferred another Misc. Criminal Application No. 4993 of 1999 before this Court which was opposed by the petitioner by filing detailed reply-affidavit. This Court (Coram: R. P. Dholakia, J.), after hearing the parties at length recorded the order on August 27, 1999 as under : "permitted to withdraw with a direction to the Sessions Court to expedite the trial and if possible to complete the same before the end of 1999. " (5) After lapse of thre