VIJAY MOTIBHAI DESAI 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 I-CR No.185 of 2016 registered with Ramol Police Station, Ahmedabad for offence under Ss. 302 , 323 , 114 , 120B and 201 of the Indian Penal Code and Sec. 135(1) of the Gujarat Police Act.

(2.) Learned Advocate appearing on behalf of the applicant submitted that the present application is filed in view of the liberty reserved under order dtd. 15/12/2021 in Criminal Misc.Application No.11748 of 2020, whereby the applicant was permitted to file a fresh application after orders are recorded in Criminal Misc.Application Nos.12930 and 17622 of 2020 and Criminal Misc.Application Nos.5660 and 6275 of 2021, which were filed for cancellation of bail of other co-accused. It is submitted that the said applications are still pending though more than period of one year has passed. It is submitted that the applicant is in jail for more than 6 years and till date, only few witnesses have been examined.

(3.) As against this, learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.