Gujarat High Court
Ashfaqkhan Asifkhan Pathan vs State Of Gujarat on 30 January, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/13979/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13979 of 2018
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ASHFAQKHAN ASIFKHAN PATHAN
Versus
STATE OF GUJARAT
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Appearance:
MAZHARHUSAIN M BEG(8096) for the PETITIONER(s) No. 1
MR MAYUR RAJGURU(1198) for the PETITIONER(s) No. 1
VEDANT J RAJGURU(9375) for the PETITIONER(s) No. 1
A B PATEL(7467) for the RESPONDENT(s) No. 2,3,4,5
H N SEVAK(7580) for the RESPONDENT(s) No. 2,3,4,5
MR LR PUJARI, APP for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 30/01/2019
ORAL ORDER
1. This application for cancellation of anticipatory bail granted to the respondents vide order dated 17.11.2017 in Criminal Miscellaneous Application No. 2728 of 2017 to the respondents. Earlier the applicant had preferred the application before this Court being Criminal Miscellaneous Application No. 28880 of 2017 which came to be disposed of by order dated 05.04.2018. Thereafter, the application was preferred before the Sessions Court and the Sessions Court disposed of such application by impugned order dated 16.05.2018 in Criminal Miscellaneous Application No.909 of 2018.
2. In the notice issued by this Court vide order dated 19.12.2018, specific circumstances were mentioned which, according to the applicant, were disregarded by the Sessions Court while granting of anticipatory bail and not considering the cancellation of the Page 1 of 3 R/CR.MA/13979/2018 ORDER anticipatory bail.
3. In response to the notice, the respondents have filed an affidavit in reply wherein, the aspect of anticipatory bail and subsequent grant of remand by the Court concerned which aided the investigation and thereafter, the proceedings at the hands of the applicant side for externment and the order passed in such externmnet proceedings is mentioned. The chargesheet is already filed and trial has also progressed.
4. The submissions made by learned advocate for the applicant that the respondents were having antecedents and even after the respondents being enlarged on anticipatory bail, have indulged in the offences of similar nature, the Court has perused the affidavit filed by the respondents to indicate that the complainant of such subsequent complaint is closely related to the applicant. The Court is therefore of the view that the applicant has resorted to witch hunting where every now and then, either a complaint is filed, or an application is made so as to keep the respondents under custody.
5. The Court has also considered the long standing animosity between both the sides, which ultimately has resulted in filing of complaint against each other.
6. In view of the aforesaid, no case is made out to interfere with the order passed by the Sessions Court. Hence the application deserves to be and is hereby dismissed. Notice is discharged. Page 2 of 3
R/CR.MA/13979/2018 ORDER
(A.Y. KOGJE, J)
URIL
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