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CR.MA/6594/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6594 of 2012
======================================
THE
INCOME TAX OFFICER, WARD 7 (1), SURAT (D R SELUKAR)
Versus
ZUBER
VAHIUDDIN KAZI & another
====================================== Appearance :
MR
SUDHIR M MEHTA for Applicant
Mr.
M.R. Malvi for Respondent No.1
Ms.
Moxa Thakkar, APP, for Respondent No.2
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/07/2012
ORAL
ORDER
This
application is filed by the Income-tax Officer, Ward 7(1), Surat, original complainant, under Section 439(2) of the Code of Criminal Procedure, 1973 [for short, 'the Code'], for cancellation of regular bail granted to respondent No.1, Zuber Vahiuddin Kazi, by the learned Sessions Judge, Surat, vide order dated 13.12.2011 in Criminal Misc. Application No.2810 of 2011, in connection with first information report registered at C.R.No.I-18 of 2010, with DCB police station, Surat, for the offences punishable under Sections 380, 409, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.
Having
heard the learned counsel for the applicant-original complainant and on perusal of the record, in my view, there is no glaring illegality committed by the trial court while enlarging the accused on regular bail. It goes without saying that the parameters for cancellation of bail and consideration weighed with the Court below while exercising power under Section 439 of the Code are different. As held by the Apex Court in Dolat Ram vs. State of Haryana, reported in (1995) 1 SCC 349, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. Considering the above, no case is made out to entertain this application for cancellation of bail and this application is rejected. Notice is discharged.
(ANANT
S. DAVE, J.)
(swamy)
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