ASHUMAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present successive bail application filed under Sec. 439 of the Code of Criminal Procedure, 1907, (hereinafter referred to as 'the Code' for short) the applicant, who is the under trial prisoner, has prayed to release him on regular bail in connection with F.I.R. registered at C.R. No.I - 218 of 2013 with Chandkheda Police Station, District Ahmedabad, for the offences punishable under Ss. 376(2)(f) , 377 , 354 , 357 , 342 , 346 , 506(2) and 120(B) etc. of the Indian Penal Code .

(2.) Present successive bail application has been filed mainly on the three grounds viz. (i) the applicant is behind bar since 14/10/2013, (ii) he is aged about 84 years and is suffering from various ailments and (iii) completion of trial will take more time.

(3.) The matter was listed for hearing on 29/10/2021 for the first time before this Court in view of the fact that first bail application, which was filed by the applicant under Sec. 439 of the Code, was decided by this Court vide order dtd. 5/1/2015 passed in Criminal Misc. Application (for Regular Bail) No. 11220 of 2014 with Criminal Misc. Application No. 16823 of 2014 and the same was dismissed by a reasoned order.