1. This application under Section 439 (2) of the Code of Criminal Procedure, 1973 is preferred by the State of Gujarat to cancel the bail already granted to the respondent-accused vide order dated 28.12.2011 passed in Criminal Misc. Application No. 4911 of 2011 for the offences punishable under Sections 406, 409, 420, 467, 471, 120(b) of the Indian Penal Code and under Section 12, 13 (1) (c) (d) of the Prevention of Corruption Act vide FIR being C.R. No. I-536 of 2005 registered with Ellisbridge Police Station.
2. For the offences alleged to have been committed during 1997 to 2002, FIR was registered in 2005 and the respondent-accused came to be arrested on 18.12.2011 and by imposing various conditions the trial Court has exercised the power which do not warrant any interference by this Court in view of law laid down by the Apex Court in Bhagirthsinh Judeja v. State of Gujarat [AIR 1984 SC 372 and Dolat Ram v. State of Haryana [1995 SCC (Cri.) 237] since parameters for exercise of powers under Section 439 (2) of the Code are different and no such case is made out to exercise powers under Section 439 (2) of the Code.
The application is rejected.
[ANANT S. DAVE, J.] //smita// Top