RAJESH NIMAICHANDRA NITTAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP, Mr. Desai waives service of rule for respondent-State.

(2.) This second bail application filed by the applicant-accused after a period of less than 9 months from the rejection of his earlier application for bail as not pressed on 28.7.2003. by another Division Bench of this Court.

(3.) Learned counsel Mr.Patel relying on the Judgment of the Hon'ble Supreme Court in case of TAKHT SINGH AND ORS. V/S. STATE OF M. P. REPORTED IN 2003 SCC (CRI.) 800 submitted that the petitioner has remained in jail in all for a period of 4 years and that there is no possibility of his appeal being heard early. Therefore, he may be released on bail. He also submitted that except him there is no one to maintain his fanily, including his old widow mother. He also submitted that he has got an artistic hand, therefore, to keep such person in jail means ruining the brilliant career of a person in jail. He, therefore, submitted that he may be released on bail till final disposal of his appeal.