(1.) Rule. By consent of parties, the matter is being finally disposed off at the admission stage as applicant is in judicial custody. Heard the learned Counsel for the parties.
(2.) Applicant has challenged an order dtd. 14/8/2013 passed below Exhibit 2 in Criminal Case No. 41 of 2013, under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (for short 'the Code '). Such impugned order is passed by the 6th Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad below an application under Sec. 227 of the Code, whereby applicant has prayed to discharge him from the charges levied against him pursuant to FIR being C.R. No. I - 79 of 2013, registered with Vastrapur Police Station of Ahmedabad City on 25/2/2013. Inquiry Officer has, after inquiring the incident alleged in the complaint dtd. 25/2/2013 by one Lalit Rajeshbhai Gupta regarding death of two persons on Judges Bunglow Road in Vastrapur area of Ahmedabad by one BMW car bearing registration No. CH - 1 - AE - 9630, filed a charge sheet on 12/4/2013 under Sec. 279, 304(II) and 427 of the Indian Penal Code as well as under Sec. 134 (1) (B), 177 and 184 of the Motor Vehicles Act. It is alleged in the FIR and charge-sheet that applicant has driven his car in high speed in the city area and hit initially to one Accent car and then Motorcycle of victims and thereafter dashed his car with road side tree. It is further alleged that while driving such vehicle as aforesaid, applicant has caused death of two persons who were riding on Motorcycle and that even after committing such accident in the city area, applicant - accused had ran away from the place of incident and failed to take steps as a prudent man in accordance with law.
(3.) The record shows that applicant has filed several applications for releasing him on bail. However, all the Courts including Sessions Court, this High Court [Coram: Hon 'ble Mr Justice A S Dave] as well as Honourable the Supreme Court has refused to grant bail to him for the charges under Ss. 279 read with Sec. 304 (II), wherein maximum punishment prescribed is 10 years.
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