GHANSHYAMBHAI ASHVINBHAI MULANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive application praying for regular bail after rejection of one, post-submission of charge-sheet by reasoned order dtd. 17/3/2020, has been filed on the ground that co- accused in this case, claimed to be having similar role, has come to be released by an order dtd. 27/8/2021 in Criminal Misc. Application No. 9552 of 2021.

(2.) Mr. K.S. Chandrani, learned advocate for the applicant submitted that since case rests only on circumstantial evidence and there are panchnamas carried out under Sec. 27 of the Indian Evidence Act (hereinafter referred to as "the Act"). The role of both the accused stand similar, and therefore, in view of the fact that co-accused is released on bail, present applicant is also required to be released on bail on the ground of parity.

(3.) Second submission was advanced on last occasion that trial has yet not commenced, despite offence is committed in the year 2019 and he was arrested on 30/6/2019, and therefore, also on the ground of delay in trial, the applicant should be released on bail.