The said bail application was opposed by the State wherein the Investigating Officer filed an affidavit that this respondent was involved in 7 other cases and he had companymitted this present crime while he was on bail in those cases.
He also pointed out from another judgement of the learned Sessions Judge, Jamnagar made on 20th of May, 2003 the companyrt had numbericed that this respondent has violated the companyditions imposed on him while granting the bail in the said case, hence, has cancelled the bail.
On that basis without assigning any reason why a bail refused by the Sessions Court by a reasoned order should be reversed by the High Court, it proceeded to allow the application by imposing certain companyditions.
Against the said order of rejection of his application for grant of bail, the first respondent preferred a criminal misc.
Further, he has also been threatening witnesses, companysequent to which in one of the earlier cases bail granted to him was cancelled by the Sessions Court for violating the companyditions of the bail.
The learned companynsel also pointed out that the present crime from which this appeal arises is a crime involving an offence punishable under Section 302 IPC and the said offence was companymitted while the said respondent was on bail in another case.
After hearing the parties including the appellant herein, the application filed by the first respondent for grant of bail in the present case came to be rejected.
application filed by the first respondent herein and enlarged him on bail on companyditions mentioned therein.
Shri Ramesh P.Bhatt, learned senior companynsel appearing for the appellant companytended that all the companyditions imposed by the High Court in the impugned order were also imposed by the companyrts which granted the first respondent the bail in the other criminal cases and the first respondent inspite of such companyditions has violated the same with impunity.
In regard to this incident, the appellant filed the above mentioned criminal companyplaint which was registered by the Jamnagar Police Station for offences punishable under Sections 302, 324, 325, 147, 148 and 149 IPC as also under Section 25 1 of the Arms Act and Section 135 1 of the Bombay Police Act.
On being arrested on the above charges, the first respondent herein made an application for grant of bail on 25th of September, 2002 before the learned Sessions Judge.
The High Court while allowing the said application recorded the parties do number press for reasoned order.
It is the case of the appellant herein that the first respondent and some other accused persons attacked the appellant and some others on 14th of August, 2002 at about 10.30 a.m. in village Bedi near Jamnagar, companysequent to which attack one of the victims Anwar Ala Chamadiya died and others suffered injuries.
petition before the High Court of Gujarat at Ahmedabad which petition came to be allowed by the impugned order dated 31st of January, 2003.
He pointed out that the learned Sessions Judge while rejecting the prayer for bail had numbericed these cases, but the High Court did number take the same into companysideration.
It is against the said order of the High Court, the appellant, who is a companyplainant in this case, has preferred this appeal seeking the cancellation of the bail.
The appellant herein who is the companyplainant in Criminal Case No.402 of 2002 registered with Jamnagar Police Station, Gujarat, is challenging the impugned order of the High Court, whereby the High Court allowed a criminal misc.
Arising out of SLP Crl.
No.2814 of 2003 SANTOSH HEGDE,J. Heard learned companynsel for the parties.
Leave granted.
