SANJAYBHAI RAMANBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-C.R.No. 11207079210740 of 2021 registered with the Halol Rural Police Station, District : Panchmahals for the offences punishable under Ss. 307 , 323 , 341 , 143 , 147 , 148 , 149 and 504 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) The learned advocate appearing on behalf of the applicant submits that after investigation the charge sheet is filed and the case is culminated as Sessions Case No. 89 of 2022 which is pending before the learned 3rd Additional Sessions Judge, Panchmahals at Halol and the matter was fixed on 18/5/2023. On that day, the applicant to remain present before the Court in time but his vehicle was punctured and was late for one hour and meanwhile warrant came to be issued and the applicant was taken into custody. It is submitted that on the same date the applicant preferred an application for bail being Criminal Misc. Application No. 278 of 2023, showing the reasons that his vehicle was punctured, due to which he could not remain present in time but the same was rejected vide order dtd. 24/5/2023. It is submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.