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 bail granted to respondent No.2, Balsangbhai Jethabhai Dodiya [original accused No.4], by the learned 4th Additional District Judge, Ahmedabad (Rural), Mirzapur, vide order dated 6.3.2012 in Criminal Misc. Application No.248 of 2012, in connection with first information report registered at C.R.No.I-20 of 2012, with Sanand police station for the offences punishable under Sections 302, 307, 147, 148, 149, 323, 324, 504, 506(2) and 337 of the Indian Penal Code and Sections 3(i)(x) and 3(ii)(v) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Having heard the learned counsel for the applicant-original complainant and on perusal of the record, it transpires that accused No.4, who was granted regular bail, has not played any overt act qua the deceased, but injured one Khodabhai Bababhai who was trying to save the deceased. Accused No.4, aged 79 years, himself is suffering from serious ailments as per the certificate issued by Dr. Jivraj Mehta Hospital and treated by Dr. Rajesh Hyderabadi. In the above circumstances, the power exercised by the Court below under Section 439 of the Code to enlarge accused No.4 on bail by imposing suitable conditions, does not require any interference. 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