VISHNUBHAI SAVJIBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being I-C.R. No.60 of 2016 registered with Pethapur Police Station, District Gandhinagar for the offences punishable under Ss. 323 , 324 , 376 , 504 and 506(2) of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(2.) Learned Advocate for the applicant submitted that the present applicant has already been granted bail on merits on 12/8/2016. It is submitted that the applicant is in jail as he came to be arrested on the issuance of the non-bailable warrant and the First Information Report is of the year 2016. It is further submitted that even after committal of the case, the charge has not been framed. It is also submitted that the applicant is in jail since the last four months inspite of the charge not being framed. It is submitted that this aspect has not been taken into consideration by the learned Judge. It is further submitted that even though the summons was served, however the Court proceedings were almost stalled because of the pandemic situation and therefore, the applicant was not in regular contact with his Advocate and did not attend the trial proceedings. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor submitted that the trial could not commence because of the absence of the present applicant and the learned Sessions Judge has rightly observed that unless and until the material witness are examined, bail need not be granted to the present applicant. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.