1. Rule. Ms.C.M.Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 herein - State and Mr.Ashish Dagli, learned advocate waives service of notice of Rule on behalf of respondent No.2 herein - original complainant.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
3. The present application u/s.397 read with 401 of the Code of Criminal Procedure has been preferred by the applicant herein - original accused to quash and set aside the impugned order dated 31/08/2012 passed by learned Sessions Judge, Surendranagar in Criminal Misc. Application No.399 of 2012, by which, learned Sessions Judge, Surendranagar has directed to cancel the bail granted to the applicant - original accused in connection with FIR being C.R.No.I-53 of 2012 registered with Surendranagar City Police Station, in exercise of power u/s.439(2) of the Code of Criminal Procedure on the ground that while the applicant was on bail, he has given threats to the original complainant and thus violated the conditions on which he was released on bail.
4. Mr.Dipen Dave, learned advocate appearing on behalf of the applicant herein – original accused has vehemently submitted that as such no threats were given to the original complainant, as alleged. It is submitted that only with a view to see that the applicant remains in Jail and his bail is cancelled, a false complaint/ FIR has been lodged making allegation that the applicant has given threats to her. It is stated that as such in connection with subsequent FIR filed by respondent No.2 herein - original complainant being C.R.No.I-3049 of 2012 for the offence punishable under Section 506(2) of the Indian Penal Code and during the pendency of the revision application, the applicant has been acquitted by judgement and order dated 31/10/2012. He has produced on record xerox copy of the judgement and order dated 31/10/2012 passed by learned Additional Chief Judicial Magistrate, Surendranagar in Sessions Case No.1134 of 2012 arising out of FIR being C.R.No.I-3049 of 2012 on the basis of which bail in favour of the applicant, came to be cancelled, which is directed to be taken on record.
5. Mr.Ashish Dagli, learned advocate appearing on behalf of respondent No.2 herein - original complainant is not in a position to dispute the above.
6. In view of the above, when the applicant herein has been acquitted for the offence punishable u/s. 506(2) of the Indian Penal Code in connection with FIR being C.R.No.I-3049 of 2012 on the basis of which the bail in favour of the applicant has been cancelled, which was granted to him in connection with FIR being C.R.No.I-53 of 2012 registered with Surendranagar City Police Station, the impugned order passed by learned Sessions Judge cancelling the bail in favour of the applicant deserves to be quashed and set aside.
7. In view of the above and for the reasons stated hereinabove and in view of the subsequent development as recorded hereinabove, the present application succeeds. The impugned order dated 31/08/2012 passed by learned Sessions Judge, Surendranagar in Criminal Misc. Application No.399 of 2012 is hereby quashed and set aside. However, while disposing of the present Criminal Revision Application, it is directed that the applicant shall comply with all conditions imposed by this Court while releasing the applicant on bail in its true spirit and more particularly to see to it that no presurre on the original complainant. Rule is made absolute to the aforesaid extent. Direct service permitted.
[M.R.SHAH,J] *dipti