KAUSHLESH DEVMANI TRIPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with CR No.I-466 of 2006 registered with Jamnagar City 'B' Division Police Station, Jamnagar for the offence under Ss. 302 , 307 and 120(B) of the Indian Penal Code, Ss. 25 (1-B)(A) and 27(1) of the Arms Act and Sec. 135(1) of the Gujarat Police Act.

(2.) It is pertinent to observe at this stage that previous application for bail being Criminal Misc. Application No.15708 of 2020 was rejected on merits by order dtd. 18/2/2021 and such order came to be confirmed by the Apex Court in its order dtd. 2/2/2022 passed in Special Leave to Appeal No.4201 of 2021.

(3.) Learned Advocate for the applicant has submitted that on account of the liberty reserved in the order by the Apex Court, Successive application is moved for regular bail. It is submitted that after the order passed on the previous occasion, there does not appear to be any substantial progress in the trial. Not only that the applicant is already in the custody since 4/5/2008. Therefore, considering the amount of period that the applicant has been in jail, the Court may exercise discretion in favour of the applicant.