Present application is filed seeking cancellation of bail granted by order dated 05/05/2012 passed in Criminal Misc. Application No.797 of 2012 by the learned 10th Additional Sessions Judge, Vadodara, whereby the learned Judge is pleased to enlarge the respondent No.2-org. accused No.3 on bail on certain conditions mentioned in the order.
1.1 Learned Advocate for the applicant invited attention of the Court to the contents of the FIR, a copy of which is produced at Annexure - A. Learned Advocate for the petitioner also tenders typed copy of the FIR which is taken on record.
1.2 Besides, learned Advocate for the applicant invited attention of the Court to the reasoning part of the order and he further invited attention of the Court to paragraph No.6 of the order wherein the learned Judge has recorded that, 'the deceased was compelled to commit suicide'. Learned Advocate for the applicant-org. complainant submitted that it is the case of the complainant that death of the deceased was not on account of she having committed suicide, but it was a case of murder. In support of that learned Advocate for the applicant submitted that at 7:00 p.m., father of the deceased-complainant had received a telephone call wherein the deceased had told her father that she was beaten badly and, therefore, father should do something. Learned Advocate for the applicant submitted further that before they do something, at 9:00 p.m., father had again received a phone call saying that the deceased had committed suicide. Learned Advocate for the applicant submitted that as alleged by the complainant in the complaint, the mother-in-law also played an active role in the entire incident and, therefore, the order of granting bail to her is required to be considered by this Court.
2. RULE returnable on 14/06/2012. Mr.Patel, learned APP waives service of notice of rule on behalf of respondent No.1. Direct Service qua No.2 is permitted today. It will be open for the applicant to effect Direct Service through the In-charge Police Officer of the Police Station within whose jurisdiction the respondent No.2 is residing.
(RAVI R TRIPATHI, J.) sompura Top