RASULBHAI HABIBBHAI MANEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.R.C.Kodekar, Ld. APP waives service of Rule on behalf of respondent State.

(2.) The applicant Rasulbhai Habibbhai Manek has filed this application through jail praying that the Record & Proceedings of Sessions Case No. 169 of 2000 be called for from the Court of Sessions Judge, Morbi and after perusing the same, the Learned Sessions Judge be directed to decide the case on day-to-day basis. It is also prayed that till the Sessions Trial is not over, the petitioner be released on bail.

(3.) . Ld. APP Shri Kodekar submitted that in the instant case, the case is already committed to the Court of Sessions and now the Sessions Court at Morbi has started functioning effectively after the earthquake which took place last year on 26th January. However, he submitted that there is no question of giving any preferential treatment to the present petitioner-accused merely because he has filed this application through jail, more particularly, he is involved in a serious offence like Section 395 IPC.