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2024 Supreme(Guj) 1237

GITA GOPI
Alkaben Merabhai Gelot (Mali) – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr VC Vaghela
For the Respondent: Mr Dipen Chowdhary for Mr JV Padhiyar, Ms Hetal V Sankhala, Mr Hardik Mehta, Additional Public Prosecutor

ORDER :

GITA GOPI, J.

1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State and learned Advocate Mr. Dipen Chowdhary waives service of notice of Rule on behalf of the respondents No.2 to 11.

2. By way of this application, the applicant – victim has made a prayer for cancellation of anticipatory bail granted to the respondents No.2 to 11 on 21.03.2024 by the learned 3rd Additional Sessions Judge, Banaskantha-Deodar in Criminal Miscellaneous No.72 of 2024 qua the First Information Report (FIR) registered on 13.02.2024 as C.R. No.11195050240083 with Tharad Police Station, Banaskantha for the offences punishable under Sections 365, 366, 342, 343, 354(A), 323, 506(2) and 114 of the Indian Penal Code (IPC).

3. Learned Advocate for the applicant Mr. V.C. Vaghela submitted that the learned Sessions Judge has failed to consider the gravity of the offence and arbitrarily and without any application of mind has granted anticipatory bail on the grounds that the sections invoked in the FIR does not provide for life imprisonment and death sentence and the maximum sentence which can be imposed is 10 years. It is further

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