MOMIN ASHFAKBHAI ABDULBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Bharda for learned advocate Mr.Zabuawala for the applicant and learned Additional Public Prosecutor Ms.Calla for the respondent - State.

(2.) By this successive bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being I Crime Register No. 11217030220543 of 2022 registered with Siddhpur Police Station, District Patan for offences punishable under Ss. 197, 198, 465, 467 and 114 of the Indian Penal Code.

(3.) Learned advocate Mr.Bharda for the applicant submitted that this application is filed under Sec. 437(6) of the Code of Criminal Procedure, 1973 which provides that once the trial starts it must be over within a period of 60 days. In the instant case, though charges are framed on 17/10/2022, till the date for one reason or another, even the witnesses are also not examined and hence, the present applicant is required to be enlarged on bail. He further submitted that the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.