KETANBHAI DINESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Pradeep Patel, learned advocate for the applicant.

(2.) This is a successive application praying for regular bail after withdrawal of earlier bail application vide order dated 17-03-2020 post submission of charge-sheet. In the present case, the First Information Report came to be filed on 25.08.2019 and the present applicant came to be arrested on 26.08.2019. The charge-sheet, on conclusion of investigation, came to be filed on 03.11.2019 prosecuting applicant and others for double murder, as submitted by learned advocate for the applicant. The bail application, after submission of charge-sheet, came to be rejected on earlier occasion by the Court of Sessions vide an order dated 27.11.2019 and therefore, applicant preferred Criminal Misc. Application No.595 of 2020 before this Court, which came to be withdrawn on 17.03.2020. Along with the present applicant, there were other two co-accused, who jointly filed an application for Regular Bail.

(3.) Mr.Pradeep Patel, learned advocate for the applicant submitted that an application for bail filed earlier before this Court does not refer about an order dated 5.2.2020 passed by coordinate Bench of this Court releasing co-accused, namely, Ketanbhai @ Pappubhai Bhikhabhai Patel on regular bail. Therefore, according to his submission, it might not have been shown to the Court and he seeks parity based thereon. Furthermore, he has submitted that though from the papers of investigation, it is revealed that he was armed with Dhariya, there is no allegation that he has used it or blood stains found over it. He relied on an earlier order passed in Criminal Misc. Application No.9744 of 2019 passed by the coordinate Bench of this Court more particularly, para-5 thereof and submitted that, in a case where travesty of justice especially when principal factor relevant to be gone into for considering the bail application is heavily loaded in favour of the bail to the accused and when such contention was not raised earlier; and principles of resjudicata being inapplicable to criminal jurisprudence and where in such circumstances question of liberty of a person is involved, the court would rather entertain the successive bail in peculiar facts of the case.