ORDER :

1. The application is under Section 439 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘the Code’) for cancellation of bail and for quashing and setting aside of the order dated 07.01.2021 passed by the learned 15th Additional Sessions Judge, Rajkot in Criminal Miscellaneous Application No.2611 of 2020 whereby the learned Sessions Judge was pleased to allow the regular bail of the present respondent No.2. The impugned order shows that regular bail was granted in connection with the First Information Report bearing C.R. No.11208002202063 of 2020 dated 19.12.2020 registered with Aaji Dam Police Station, Rajkot City for the offences punishable under Sections 307, 326, 325, 324, 323, 506(2), 504, 143, 147, 148 and 149 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.

2. Learned Advocate for the applicant Mr. K.S. Chandrani submits that the son of the deceased (first Informant) is the de-facto complainant and that prior to filing of the charge-sheet, the respondent No.2 was released on regular bail by the learned Sessions Judge on the ground that he was not present at the scene of offence and was at Civil Hospital, Rajk