A.Y.KOGJE,J. - (1.)This application is filed under section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted by the learned Fourth Additional Sessions Judge, Junagadh, by an order dated 3.10.2015 passed in Criminal Misc. Application No. 616 of 2015. By the said order, the learned Sessions Judge has granted bail to two accused for the offences registered vide C.R. No. I - 65 of 2015 with Junagadh City "B" Division Police Station.
(2.)Brief facts of the case are as under:
The complaint being C.R. No. I - 65 of 2015 came to be registered with Junagadh City "B" Division Police Station, for the offences under Sections 302, 325, 323, 506(2) and 114 of the Indian Penal Code and Sections 5, 40 and 42 of the Money Laundering Act. In the FIR, which is given by the deceased himself, it is alleged that when the deceased was travelling on his motorcycle, at that time, the accused persons intercepted and the accused - Bhimahai Jinabhai Bharai gave a blow of iron pipe, as a result of which, the deceased fallen down and thereafter, another accused - Bhupatbhai Jinabhai Bharai caught hold of the deceased and thereafter, Bhimabhai Jinabhai Bharai gave indiscriminate blow of iron pipe on the leg of the deceased. In the FIR, an unknown person is also mentioned, who is also attributed to have given indiscriminate blows on the leg of the deceased. Initially, the FIR under Sections 325, 323, 504, 506 and 114 of Indian Penal Code was registered and subsequently, by report dated 21.05.2015, Section 302 was also added as the complainant succumbed to the injuries. Another report dated 23.05.2015 was filed to add relevant Sections of Money Laundering Act. Charge-sheet in this connection came to be filed on 14.08.2015. Thereafter, by impugned order dated 03.10.2015, two accused i.e. respondent Nos.2 and 3 herein, have been ordered to be enlarged on bail.

(3.)Learned advocate Mr. Shakeel A. Qureshi for the applicant submits that the order of granting bail is required to be set aside on merits as while allowing the application, the learned Sessions Judge has taken into consideration the role attributed to the accused persons in the commission of the offence. He also submits that the brother of the deceased had filed detailed affidavit before the Sessions Court, opposing the grant of bail. However, the learned Sessions Judge has even referred to such affidavit and therefore, the order of the learned Sessions Judge is vulnerable.