Jagdishbhai Becharbhai Ukediya vs State Of Gujarat

1. Rule. Learned APP, Mr.L.B. Dabhi waives service of notice of Rule on behalf of respondent­State.

2. By way of the present application under Section 438 read with Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short), the applicant­accused has prayed for quashing and setting aside the order dated 28.12.2018 passed in Criminal Miscellaneous Application (S) No.1146 of 2018 by the learned Additional Sessions Judge, Morbi.

3. Learned advocate Mr.Jasani for the applicant submits that FIR being C.R.No.I­117 of 2018 is registered before `A' Division City Police Station, Morbi against the applicant and others and, hence, the applicant along with others filed application under Section 438 of the Code for releasing him on anticipatory bail being Criminal Misc. Application No1104/2018, which was allowed by the Additional Sessions Judge, Morbi by an Page 1 of 3 Downloaded on : Wed Jan 15 21:49:25 IST 2020 R/CR.MA/21898/2019 ORDER order dated 20.10.2018 on certain terms and conditions. He submitted that as per condition no.2 of the said order, the applicant was required to remain present on 22.10.2018 before the concerned police station, however because of certain reasons, he could not remain present on the said date. It is submitted that immediately, the Investigating Officer submitted an application before the Sessions Court for cancellation of the said anticipatory bail granted to the applicant. It is submitted that, by an order dated 28.12.2018, the Additional Sessions Judge, Morbi, allowed the said application preferred by the Investigating Officer and thereby the anticipatory bail granted in favour of the applicant was cancelled with immediate effect. He, therefore, submitted that the applicant has filed the present application for quashing and setting aside the order dated 28.12.2018 passed by the Additional Sessions Judge, Morbi in Criminal Miscellaneous Application (S) No.1146 of 2018.

4. Learned advocate for the applicant contended that because of certain personal reasons stated in the application, the applicant could not remain present on the date fixed by the concerned trial court i.e. 22.10.2018 before the concerned police station and though reasonable explanation was given before the Sessions Court, the learned Sessions Court has cancelled the anticipatory bail granted in favour of the applicant. He, therefore, urged that the impugned order be set aside and the applicant be released on anticipatory bail. It is Page 2 of 3 Downloaded on : Wed Jan 15 21:49:25 IST 2020 R/CR.MA/21898/2019 ORDER further submitted that the applicant is ready and willing to abide by the conditions which may be imposed by this Court while releasing the applicant on anticipatory bail and he has assured that the applicant will now remain present before the concerned police station and cooperate with the investigation.

5. Learned Public Prosecutor opposed this application and pointed out that no error is committed by the Sessions Court while cancelling the anticipatory bail granted in favour of the applicant as the applicant has violated one of the conditions.

6. Having heard learned advocates for the parties and having gone through the material produced on record and the explanation tendered by the learned advocate for the applicant, in the facts and circumstances of the present case, the application deserves consideration. Accordingly, this application is allowed. The impugned order dated 28.12.2018 passed in Criminal Miscellaneous Application (S) No.1146 of 2018 by the learned Additional Sessions Judge, Morbi cancelling the anticipatory bail granted to the applicant herein is hereby quashed and set aside. The applicant shall remain present at concerned Police Station on 20.01.2020 between 11.00 a.m. and 2.00 p.m.

7. Rule is made absolute. Direct service is permitted.

Sd/­ (VIPUL M. PANCHOLI, J.) Gautam Page 3 of 3 Downloaded on : Wed Jan 15 21:49:25 IST 2020