BHABHALUBHAI JILUBHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is the third successive application for regular bail, filed under Sec. 439 of the Code of Criminal Procedure, 1973 (in brief, 'the Code'), by the applicant in connection with the offence, being C.R. No. I-118 of 2018, registered with Sayla Police Station under Ss. 302 and 114 of the Indian Penal Code, 1860 SEC 135 of the Gujarat Police Act and Ss. 25(1) and 25 (1-b) (a) of the Arms Act .

(2.) Learned Advocate, Mr. Kariyaniya, appearing for the applicant, initially, tried to argue this matter on merits. However, as the present is a successive application for regular bail, learned Advocate, Mr. Kariyaniya, subsequently submitted that during the course of trial, one eye-witness, namely Yuvraj Patgir, turned hostile and did not support the case of the prosecution and therefore, the applicant deserves to be granted bail.

(3.) On the other hand, learned APP, Mr. Mehta, strongly objected to this application and submitted that this being the third successive application for regular bail, it is not open for the applicant to argue on merits.