VISHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-136 of 2017 registered with Limbayat Police Station, District Surat, for offence under Sections 302 , 143 , 147 , 148 , 149 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act, pursuant to the order dated 01.05.2019 as well as the order dated 20.12.2019.

(2.) Learned advocate for the applicant submitted that this Court has directed the trial Court to expedite the trial. However, till today, out of 45 witnesses, only 3 witnesses have been examined by the prosecution and even the mother of the deceased has turned hostile.

(3.) It is submitted that this application is filed mainly on the ground of delay in trial as well as on the ground of change of circumstance as other four co-accused, against whom almost similar type of allegations were leveled, have been enlarged on bail either by this Court or by the Sessions Court.