Baneshwar Laxman Jana vs Tapas Mandal @ Tapas Govind Mandal on 30 July, 2021

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Gujarat High Court

Baneshwar Laxman Jana vs Tapas Mandal @ Tapas Govind Mandal on 30 July, 2021

Bench: A.S. Supehia

     R/CR.MA/12189/2021                                    ORDER DATED: 30/07/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 12189 of 2021

             In R/CRIMINAL MISC.APPLICATION NO. 8195 of 2021

================================================================
                        BANESHWAR LAXMAN JANA
                                Versus
                  TAPAS MANDAL @ TAPAS GOVIND MANDAL
================================================================
Appearance:
MR DIPEN DESAI(2481) for the Applicant(s) No. 1
MR HARNISH M PATEL(9978) for the Respondent(s) No. 1
MR. JAY K BAROT(9976) for the Respondent(s) No. 1
MR.DHARMESH DEVNANI, APP for the Respondent(s) No. 2

 CORAM:``HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                 Date : 30/07/2021
                                  ORAL ORDER

[1] Rule. Learned APP waives service of notice of rule on behalf of the respondent - State.

[2] The present application has been filed seeking cancellation of anticipatory bail granted to opponent no.1-original accused vide order dated 09.06.2021 in Criminal Misc. Application No.8195 of 2021. The applicant has specifically alleged that the opponent no.1 was granted anticipatory bail on a specific condition that he shall deposit 1000 grams gold within a period of 30 days, however he has not complied the condition and has also not filed an undertaking to that effect.

[3] Learned advocate Mr.Dipen Desai appearing for Page 1 of 3 Downloaded on : Sun Jan 16 04:32:46 IST 2022 R/CR.MA/12189/2021 ORDER DATED: 30/07/2021 the applicant has submitted by placing material on record that warrant is also issued under Section-70 of the Code of Criminal Procedure, 1973, against the opponent no.1 and he has been absconding.

[4] This Court has passed the following order on 20.07.2021:-

"At the outset, learned advocate Mr.Dipen Desai appearing for the applicant has submitted that the applicant has not complied with the direction issued by this Court vide order dated 09.06.2021 directing the applicant to deposit 1000 grams of Gold within a period of 30 days.

Issue notice returnable on 30.07.2021. Learned APP is hereby directed to take specific instruction with regard to order dated 09.06.2021.

It is directed that if, the applicant has not complied with the order dated 09.06.2021, it would be open for him to deposit 1000 grams of Gold on or before the next date of hearing, failing which, order dated 09.06.2021 granted anticipatory bail to the applicant, shall stands revoked/ cancelled."

[5] Today, when the matter is listed, it is reported that the opponent no.1 has not deposited the gold though an undertaking is filed before the Trial Court. Thus, the opponent no.1 was granted anticipatory bail on the condition and he has agreed to deposit 1000 grams gold within a period of 30 days. A further opportunity was also granted to him time to deposit the same on or before 30.07.2021 vide order dated 20.07.2021, but it was also not complied with.

Page 2 of 3 Downloaded on : Sun Jan 16 04:32:46 IST 2022

R/CR.MA/12189/2021 ORDER DATED: 30/07/2021 [6] Under the circumstances in light of the aforementioned facts, the anticipatory bail granted to the opponent no.1-original accused vide order dated 09.06.2021 is hereby cancelled. Rule is made absolute.

(A. S. SUPEHIA, J) NABILA Page 3 of 3 Downloaded on : Sun Jan 16 04:32:46 IST 2022

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