(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. The present application has been preferred by the applicant-original complainant for an appropriate order of cancellation of bail granted to respondents nos. 2 and 3 herein-original accused nos. 3 and 4 by this Court vide order dated 30/03/2012 passed in Criminal Miscellaneous Application No. 3723/2012 in Criminal Appeal No. 319/2012.
2. Shri D.P. Kinariwala, learned advocate appearing on behalf of the applicant has submitted that as such threat was administered to the applicant and his family members by original accused nos. 1, 3 and 4 when original accused no. 1 was released on temporary bail i.e. 07/09/2012 and, therefore, it is requested to make suitable observation that as and when the application of the accused persons, who are in jail for temporary bail, is considered the aforesaid aspect is required to be brought to the notice of the concerned Bench so that similar incident may not take place.
3. Having heard Shri D.P. Kinariwala, learned advocate appearing on behalf of the applicant and Ms. C.M. Shah, learned APP appearing on behalf of the respondent-State and considering the fact that the alleged incident has taken place in the month of September, 2012 and the present application has been preferred in the month of March, 2013 i.e. approximately after a period of six months, it will not be proper to cancel the bail granted in favour of respondents nos. 2 and 3-original accused nos. 3 and 4. However, it is made clear that we have not expressed anything on merits with respect to the alleged threat given by original accused nos. 1, 3 and 4. However, as and when original accused no. 1 submits any application for temporary bail/bail, the allegation made in the present application and the Complaint made by the applicant made earlier are required to be brought to the notice of the concerned Bench.
4. Under the circumstances, the present application is not entertained and is dismissed on the ground stated hereinabove. However, it is directed to the jail authority that as and when original accused no. 1 submits any application for temporary bail/bail, the allegation made in the present application and the order passed by this Court in the present proceedings be brought to the notice of the concerned Bench taking up such matters.
5. With this, the present application is dismissed.
(M.R.SHAH, J.) (S.H.VORA, J.) siji Page 3 of 3