Gujarat High Court
Vimalbhai vs State on 19 April, 2010
Author: H.B.Antani
Bench: H.B.Antani
Gujarat High Court Case Information System
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CR.MA/3782/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3782 of 2010
=========================================================
VIMALBHAI
RASIKLAL GOPIYANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
Applicant(s) : 1,
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 19/04/2010
ORAL
ORDER
1. RULE.
Mr DC Sejpal, learned APP waives service of rule on behalf of the State.
2. Heard Mr Zubin F Bharda, learned advocate for the applicant and Mr DC Sejpal, learned APP for the State at length and in great detail. The applicant is the main accused who is facing the charge for the offence punishable under Sections 498-A, 328, 376, 506(2) and 114 of the IPC. As per the FIR and the police papers produced for my perusal, the applicant who happens to be father in law of the victim committed rape on the victim without her consent and against her will.
3. Considering the aforesaid aspects, when the matter was argued at length, the application was not pressed and therefore, the same being Criminal Misc. Application No.1792 of 2010 was disposed of as not pressed by the learned advocate for the applicant on 8.3.2010. This being a successive bail application, there is no change in the circumstances which would warrant interference of this Court while exercising the powers under Section 439 of the Code of Criminal Procedure.
4. In view of the above, as the application is devoid of merits, the same is hereby rejected. Rule is discharged.
[H.B.ANTANI, J.] mrpandya Top