VIHABHAI SARTANBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard ld. Senior Counsel Mr. KJ Shethna for the petitioner accused- original accused no.2 and ld. PP Mr. A.D.Oza for the State.

(2.) Rule. Service of Rule is waived by ld. PP Mr. Oza for the State. With the consent of the parties, application is heard today.

(3.) This application is preferred by the petitioner original accused no.2 under Section 439 of CrPC for releasing him on bail in connection with I.CR No.151/2000 registered with Amaraiwadi Police Station for the offences punishable under Section 302 R/w Sec.34, 120-B of the IPC and under Section 135(1) of the Bombay Police Act. This successive bail application is by the accused, who along with other accused persons is facing trial of a case being Sessions Case No. 72/2001 pending with the Court of Sessions, Ahmedabad City. On merits, none of the applications for bail preferred by the present petitioner is granted either by the Court of Sessions or by this Court. However, he was enlarged on temporary bail on two occassions by this Court viz (i) vide order dated 2.8.2000 while dealing with Misc. Criminal Application No.4067/2000 by this Court on account of the death of his father as he was to perform funeral rites and other rituals, and (ii) in the month of September and November 2001, he was enlarged on temporaray bail because of sickness of his close relative i.e. his wife. The petitioner has time and again preferred bail applications and one such application for bail being Cri. Misc. Application No. 2614/2000 came tobe rejected by the Court of Sessions, Ahmedabad city vide order dated 5.2.2001 by speaking and reasoned order. The said order is on record. I have carefully perused the reasons assigned by the Sessions Court while rejecting the said application, along with the fact of failure of other applications.