While enlarging the appellant on regular bail in exercise of power under Section 439 of the Code, learned Additional City and Sessions Judge, relied on various circumstances, more particularly on three facets first facet is prior to 26.11.2005, second facet is dated 26.11.2005 and the third facet is post 26.11.2005.
According to the prosecution, role played by the appellant in the episode surfaced initially from the statements of Shri Nathubha Pravinsinh Jadeja who is a driver with ATS and Shri Vijay Arjun Rathod, Police Inspector relating to an alleged fake encounter.
The appellants bail application was accepted by the trial Judge and was the subject matter of challenge as numbered above before the High Court.
Second facet is the day on which alleged encounter of Sohrabuddin took place on 26.11.2005 and the third facet, i.e. post 26 11.2005 about death of Kausarbi and destroying evidence relating to her death.
The appellant preferred a regular bail application being Criminal Misc.
He was arrested on 24.4.2007, remanded to custody for 15 days and charge sheet was filed on 16.7.2007.
The application under Section 439 2 was filed by the State of Gujarat through Investigating Officer, C.I.D. Crime , Gandhinagar for cancellation of bail granted to the appellant by order dated 5.10.2007 by learned Additional City and Sessions Judge, Ahmedabad in Criminal Miscellaneous Application No.2359/2007 qua FIR being CR No.
Accordingly, the Metropolitan Magistrate was informed and the appellant therein was arraigned as accused.
Thereafter, by an order dated 8.6.2007 learned City and Sessions Court granted anticipatory bail against which Special Leave Petition was filed before this Court and the same was allowed on 13.8.2007 by quashing and setting aside the order of anticipatory bail granted by the learned City and Sessions Judge.
Thereafter, charge sheet was filed on 16.7.2007.
The first facet was about companyspiracy part and bringing Sohrabuddin from Hyderabad to Ahmedabad.
No.788 of 2008 Dr. ARIJIT PASAYAT, J. Leave granted.
The appellant was number available either at his residence or at the place where he was posted.
Application No.3459 of 2007 on 17.9.2007, which was allowed vide order dated 5.1.2007 by learned Additional City and Sessions Judge, Court No.6, Ahmedabad.
Challenge in this appeal is to the order passed by a learned Single Judge of the Gujarat High Court cancelling the bail granted to the appellant in terms of Section 439 2 of the Code of Criminal Procedure, 1973 in short the Code .
According to the trial Court the accused had served the department with sincerity and dedication to curb the anti social and anti national element.
The case numbered as Criminal Miscellaneous Application No.12646/2007 was taken up alongwith Criminal Miscellaneous application No.12644/2007 filed in respect of a companyaccused Dinesh the appellant in Criminal Appeal relating to Special Leave Petition Crl.
