This application is filed by the original complainant under Section 439(2) of the Code of Criminal Procedure, 1973 [for short, 'the Code'], for cancellation of regular bail granted to respondent No.2, Amit Shri Premlal Bhutani, by the learned 6th Additional Sessions Judge, Panchmahals at Godhra, vide order dated 2.2.2012 in Criminal Misc. Application No.61 of 2012, in connection with first information report registered at C.R.No.I-213 of 2011, with Halol police station for the offences punishable under Sections 342, 365 and 395 of the Indian Penal Code.
Having heard the learned counsel for the applicant-original complainant and on perusal of the record, in my view, there is no glaring illegality committed by the trial court while enlarging the accused on regular bail. It goes without saying that the parameters for cancellation of bail and consideration weighed with the Court below while exercising power under Section 439 of the Code are different. Hence, no case is made out to entertain this application for cancellation of bail and this application is rejected. Notice is discharged.
(ANANT S. DAVE, J.) (swamy) Top