JUDGEMENT
A.N.SURTI -
(1.)This Criminal Application is directed against the judg- ment and order passed by the learned Sessions Judge Baroda in Criminal Revision Application No. 51 of 1975 filed by the State for cancelling a bail order passed in favour of the present opponent by the learned Judicial Magistrate First-Class IIIrd Court Baroda in Bajva Police Station C. R. III-199/75
(2.)A few relevant facts giving rise to the present petition may be stated in brief:
The opponent P. S. I. along with some others are accused for the commission of offences punishable under secs. 395 420 and 120(B) of the Indian Penal Code It was the prosecution case that on the day in question the opponent who was working as the P. S. I. at Matar Police Station took the assistance of two police constables abused his position of the Sub-Inspector of Police and formed a conspiracy of cheating certain persons. It was further alleged by the prosecution that at the nick of time when his collaborators were engaged in inducing the victims to part with money opponent P. S. I. appeared on the scene of offence and by use of force santched away currency notes from the victim. Shortly stated on these facts it was alleged that the opponent P. S. I. had committed the aforesaid offence.
(3.)During the pendency of the trial before the learned Magistrate a bail application was presented before the learned Magistrate First- Class IIIrd Court Baroda on August 18 1975 and it was submitted that the opponent P. S. I. was sick. The learned Magistrate released the P. S. I. on bail of Rs. 1500.00.
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