RAJESHBHAI BABUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset it is appropriate and necessary to mention that though trial has already commenced and 12 witnesses are already examined this 3rd successive application is taken out by present applicant under Section 439 of Criminal Procedure Code after having unsuccessfully made request before Hon'ble Apex Court to enlarge him on bail wherein Hon'ble Apex Court rejected the application.

(2.) It is pertinent that though the order enlarging two coaccused persons came to be passed after order dated 28.2.2013 rejecting present applicant's application, the applicant did not file any application before learned trial Court on the ground that co-accused have been released on bail. Instead the applicant has approached this Court directly with present applicant (on the said ground).

(3.) It is also relevant to mention that before taking out this application and before filing petition before Apex Court, the applicant had taken out 4 applications under Section 439 of the Code before learned Trial Court and 2 applications before this Court. The details of the applications preferred by the applicant can be summarized thus: