Supreme Court of India
Bharatbhai Bhimabhai Bharwad v. State of Gujarat and Others
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What the Court ordered
In the result, the impugned orders of the High Court dated 26.02.2019 and 07.03.2019 are set aside and these appeals are allowed and the matter is remitted to the High Court for consideration of Criminal Misc.
Judgment, page 6
From the headnote
Bail: Grant of bail – By trial court imposing certain conditions – Application by the complainant u/s. 439(2) Cr.P. . before High Court challenging the exercise of discretion in granting bail – High Court relegated the matter to trial court holding that the application was for cancellation of bail – Application “speaking to minutes” in respect of the order of the High Court was dismissed – Appeal to Supreme Court – Held: Though the application before High Court was u/s. 439(2) Cr.P. . i.e. an application for cancellation of bail, but the grounds raised in the application show that it was only…
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