Pursuant to the direction of this Court dated 17.4.2012, an affidavit of the service is produced by the complainant Patel Rakesh Kumar Ghanshyambhai. It is stated that respondent No.1 is not found at the address and the wife of respondent No.1 has stated that the accused is not coming to the residence for a long time. She further stated that she is also unable to establish any telephonic contact with him and, therefore, respondent No.1 could not be served. Unserved notice along with statement of the wife of respondent No.1 is annexed.
According to the learned APP the police officer had gone and attempted to serve respondent No.1. However, the family members have chosen not to accept the same. Considering the fact that this Court is deciding the application for cancellation of bail where the rule is needed to be served to respondent No.1 under the circumstances mentioned in order dated 17.4.2010 , when such an affidavit has come on record, this is to be treated as sufficient service to respondent No.1. Additional affidavit be filed by the concerned Investigating Officer by tomorrow. S.O to 20.4.2012.
(Ms.
Sonia Gokani, J. ) sudhir Top