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2001 Supreme(Guj) 296

C.K.BUCH
BABUBHAI BHIMJIBHAI KACHADIYA – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.M.MANGUKIYA, M.A.BUKHARI

C. K. BUCH, J.

( 1 ) ). IN this application, the petitioner has challenged the legality and validity of the order dated 1. 6. 2000 passed by the learned Addl. Sessions Judge, Surat while dealing with Criminal Revision Application No. 115/2000. Pending this revision application, the petitioner has also prayed under Sec. 439 (2) of Cr. P. C. stating that even otherwise he could have been granted bail. Mr. Mangukia learned counsel appearing for the petitioner, during the course of the argument has fairly submitted that the petitioner is not interested in formal order qua application for bail preferred under sec. 439 (2) of Cr. P. C. and this court should decide this revision application preferred by the petitioner and he should be enlarged on bail confirming the order passed by the learned Chief Judicial Magistrate, Surat dated 20. 5. 2000 wherein the petitioner was granted bail under sec. 167 (2) of Cr. P. C.

( 2 ) ). THE petitioner-accused is facing charge of the offence punishable under sec. 302 and 452 of IPC. According to the prosecution, the petitioner has killed his wife by inflicting knife blows on 14. 2. 2000. The petitioner initially has posed himself as an informant-complain















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