MADHUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This applications preferred under Section 439(2) of the Code of Criminal Procedure Code for cancellation of bail are being decided by a common order as both arise out of the same complaint registered as CR No.1-92 of 2011 with Naranpura police station. Challenge made is to the grant of regular bail in favour of respondents No.2,3 and 4 in Criminal Miscellaneous Application No. 17889 of 2011 passed by the Additional Sessions Judge, Ahmedabad vide order dated 8.7.2011 in Criminal Miscellaneous Application No. 2312 of 2011 and grant of regular bail to respondent No.2 of Criminal Miscellaneous Application No. 17890 of 2011 passed by the Additional Sessions Judge, Ahmedabad vide order dated 2.8.2011 in Criminal Miscellaneous Application No. 2661 of 2011.

(2.) Briefly to state the facts, the complaint is of 29.3.2011 forming incident that took place on 28.3.2011. Accused No.l of the complaint Kantibhai Bharwad had banged his motorcycle to the buffalo of the complainant. On being asked as to why he did so, the said accused started abusing the complainant and that dispute ended due to intervention. On 29.3.2011 accused No.l passed by the house of the complainant along with his buffaloes and for no reasons he once again started abusing the complainant and his family members. In a flash of time, all the other accused too joined accused No.l. The husband of the complainant in order to buy peace, asked the accused person to go away from the scene.

(3.) A complaint was registered with Naranpura police station being C.R.No.I-92 of 2011 for the offences punishable under Sections 302, 337, 294(A),143,147, 148 and 149 of the Indian Penal Code and Section 135(1) of the Bombay Police Act. Chargesheet was filed against all the accused on 10.6.2011. All the accused Nos.2 to 6 were granted regular bail by the Sessions Court. Aggrieved by such an order present application has been preferred.