KANTI SARDUL BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The service of Rule is waived by Mr. U.R. Bhatt, ld. A.P.P. for the respondent-State.

(2.) Heard Mr. B.M. Mangukiya, learned counsel appearing for the petitioners and Mr. U.R. Bhatt, ld. A.P.P. appearing for the respondent-State. This is an application for bail preferred under Section 439 of the Criminal Procedure Code by the petitioners-orig. accused nos.1 and 2 for the offence registered vide C.R. No.I-10/2001 with the Mandal Police Station, Tal. Viramgam, Dist. Ahmedabad. The petitioners were arrested on 10th March, 2001 and since then they are under judicial custody. Both these petitioners alongwith other five accused persons are facing trial for the offences punishable under Sections 147, 148, 149, 302, 323, 324 and 506(2) of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) Undisputedly this is the second - a successive application for bail. Earlier both these petitioners had applied for bail alongwith other co-accused persons before this Court by filing a Criminal Misc. Application No.2446/2001. When the Bail Application was moved, no formal chargesheet was submitted by the Investigating Agency. However, when the petition was taken up for hearing, the chargesheet was tendered on 12th April, 2001 before the learned Judicial Magistrate First Class. The entire papers of investigation were brought before the Court on the day of hearing i.e. on 19th April, 2004, before the trial Court.