MAHESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.72 of 2018 registered with Aamletha Police Station, Narmada for offence under Ss. 306 of the Indian Penal Code.

(2.) The application is moved in view of the liberty reserved under order dtd. 7/2/2020 in Criminal Misc. Application No.21753 of 2019 to file afresh application in case the trial does not progress satisfactorily within a period of six months.

(3.) Learned advocate Mr. Apurva Kapadia appearing for the applicant submits that at the time when the order dtd. 7/2/2020 was passed, 04 witnesses were examined out of the 27 witnesses cited in the charge-sheet. It is submitted that after that there is no progress in the trial and the chance of trial re-commencing and concluding is also remote in view of the present pandemic situation. Learned advocate for the applicant submits that the applicant is in jail since 28/11/2018 and as there is no chance of trial to commence in near future and hence, case of the applicant may be considered as he has a right to trial under Article 21 of the Constitution of India.