A.Y.KOGJE
Yashwantkumar Hiralal Patel – Appellant
Versus
Hitendra Mangalbhai Prajapati – Respondent
A.Y. KOGJE, J.
Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State and learned advocate, Mr. B.Y Mankad waives service of notice of Rule on behalf of the respondents No. 1 and 2.
2. This application is filed for cancellation of bail under Section 439(2) of the Code of Criminal Procedure against the order dated 24.05.2017 passed by the Sessions Judge, Mahisagar at Lunawada in Criminal Misc. Application No. 84 of 2017 by which respondent Nos. 1 and 2 have been enlarged on regular bail in connection with C.R No. I-36 of 2017 registered with Lunawada Police Station for the offences punishable under Sections 379, 120(B), 201, 409, 114 and 36 of the Indian Penal Code, and Sections 66, 66(E) and 72 of the Information Technology Act, and Section 43 of the Gujarat Secondary Education Act.
3. In the FIR, the gist of allegations are as under:-
4. The FIR is registered on 24.03.2017 by the applicant in his capacity as the District Education Officer of Mahisagar District and it is in connection with the examination of the SSC/HSC Board, which commenced on 15.03.2017 all over Gujarat.
5. The entire State is divided in zone and each zone
Abdul Basit Alias Raju v. Mohd. Abdul Kadir Chaudhary reported in (2014) 10 SCC 754
Dolat Ram v. State of Haryana reported in (1995) 1 SCC 349
Gulabrao Baburao Deokar v. State of Maharashtra reported in (2013) 16 SCC 190
Puran v. Rambilas reported in (2001) 6 SCC 338
Ranjit Singh v. State of Madhya Pradesh reported in (2013) 16 SCC 797
R. Rathinam v. State by DSP, District Crime Branch, Madurai District
Ram Narain Poply v. Central Bureau of Investigation reported in (2003) 3 SCC 641 : AIR 2003 SC 2748
Simranjit Singh Mann v. Union of India reported in (1992) 4 SCC 653 : AIR 1993 S.C 280
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