STATE OF GUJARAT Vs. NATHABHAI JETHABHAI GHORIYA

JUDGEMENT

(1.) THE State of Gujarat, by present Criminal Misc. Application for cancellation of bail filed under section 439(2) of the Code of Criminal Procedure, 1973 challenged the order dated 01.05.2013 passed by the learned 5th Additional Sessions Judge, Jam -Khambhaliya below Exh.5 in Criminal Misc. Application No.149 of 2013 whereby, the opponent original accused was granted regular bail in connection with the offence registered before Khambhaliya Police Station being I C.R. No.24 of 2013 for the offence punishable under Sections 379 and 114 of the Indian Penal Code, Sections 4 and 4(1)(a) of the MMRD Act and Rules 3, 4, 5 and 6 of the Mineral Prevention Rules. section 439(2) of the Code of Criminal Procedure, 1973 challenged the order

(2.) HEARD the submissions of learned APP Ms.Jirga Jhaveri for the applicant -State and learned advocate Mr.Hriday Buch for the opponent -accused.

(3.) BRIEF facts leading to filing of the complaint can be stated thus.