NAUSHAD GULAM ABBASBHAI BHURANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present successive application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant has requested to release him on regular bail in connection with an FIR being I-CR No.79 of 2016 registered with Talaja Police Station, District Bhavnagar for the offences punishable under Ss. 302 , 307 , 34 , 143 , 147 , 148 , 149 , 120(B) and 337 of the Indian Penal Code, 1860 as also under Sec. 135 of the Gujarat Police Act and under Sec. 25(1)(b)(a) read with Sec. 27(2) of the Arms Act.

(2.) Learned advocate Mr. Harshit Tolia appearing for the applicant submits that the applicant has filed the present successive application on merits as well as on the ground that the applicant is behind the bars since 11/10/2016.

(3.) This Court, being conscious of the fact that the applicant is behind the bars since 11/10/2016, on last date of hearing of the present application i.e. on 29/7/2022, had directed the learned Sessions Judge, Bhavnagar, to supply the progress report of the Sessions Case No.28 of 2020 pending in the Court of learned 3 rd Additional Sessions Judge, Talaja. In compliance of the order dtd. 29/7/2022 of this Court, a report dtd. 17/8/2022 submitted by learned 3rd Additional Sessions Judge, Talaja, who is in-charge of Sessions Case No.28 of 2020 has been received. Perusal of the said report makes it clear that the prosecution has examined 51 witnesses and the Investigating Officer concerned is to be examined by the prosecution. It is reported that proceeding of Sessions Case No.28 of 2020 is fixed on 1/9/2022.