VINODBHAI ALIAS MAFATBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned A.P.P. Mr. Desai waives service of Rule for respondent-State of Gujarat.

(2.) The applicant-accused has prayed for regular bail in this application till final disposal of his above appeal on the ground that he is in Jail since last 4 years and his appeal is of only 2002 and there are no chances of early hearing of his appeal, therefore, considering the fact that the applicant-accused is convicted on purely circumstantial evidence, he should be enlarged on bail till the final disposal of this appeal. It is also submitted by learned Counsel Mr. Ramnandan Singh for the applicant-accused that during this period of 4 years he has been released once on furlough, once on parole and thrice on temporary bail and that every time he surrendered in time and no untoward incident has taken place and that he himself abide by the terms and conditions of the temporary bail. Therefore, he submitted that the applicant-accused be now released on regular bail on any suitable terms and conditions as think fit by this Hon'ble Court.

(3.) In support of his submission that the applicant-accused is in jail for more than 4 years and that there are less chances of his appeal being heard early, and therefore, accused be released on regular bail, Mr. Singh relied upon the Apex Court judgment in case of Shah Kantilal Bheemchand v. State of Gujarat, reported in JT 2001 (10) SC 26.