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2022 Supreme(Guj) 1053

ASHOKKUMAR C. JOSHI
Sanjaybhai Manubhai Bhaliya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Hriday Buch
For the Respondent: Malaykumar S Patel, Ms Jirga Jhaveri, Adv

JUDGMENT :

1. Rule.

2. This application is filed by the applicant - original complainant under Sections 439(2) of the Criminal Procedure Code, 1973 (CrPC) seeking cancellation of bail granted to the respondent Nos. 2, 3 and 4 - original accused Nos. 2, 3 and 5 by an order dated 19.05.2022 passed in Criminal Misc. Application No. 85 of 2022 by the learned Additional Sessions Judge and Special (POCSO) Court and Fast Track Court, Rajula, whereby, the learned Sessions Judge was pleased to grant regular bail to the respondent Nos. 2, 3 and 4, for the alleged offence punishable under Sections 302, 323, 504, 34, 143, 147, 148, and 149 of the Indian Penal Code, 1860 (IPC) and Section 135 of the Gujarat Police Act, for which, FIR C.R. No. 11193024201046 of 2010 came to be registered before the Jafrabad Police Station, Dist.: Amreli.

3. Heard, Mr. Hriday Buch, learned advocate for the applicant - original complainant and Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the respondent - State and learned advocate Mr. Malaykumar Patel for the respondent Nos. 2, 3 and 4 - original accused.

3.1 The learned advocate for the applicant - original complainant vehemently submitted that despite

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