SUJIT DEVISINGH PARDESI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.3 of 2019 registered with Gandhidham Railway Police Station, Kutch for the offence under Ss. 302, 397, 201, 120B and 34 of the Indian Penal Code, Ss. 25(1)(1B)a, 26 and 27 of the Arms Act, Ss. 145(B) and 155 of the Indian Railways Act and Sec. 135 of the Gujarat Police Act.

(2.) Learned Advocate appearing on behalf of the applicant submitted that that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is aged 39 years and is in jail since 2019.

(3.) As against this, learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that this Court in the matter of another accused, viz. Jayantilal Thakkar, who also is a co-conspirator, having similar evidence against him as the present applicant, denied bail to him with a reasoned order and the said accused had filed Special Leave to Appeal (Criminal) No.3144 of 2021 before the Apex Court and the Apex Court had dismissed the said SLP by order dtd. 27/4/2021, not interfering with the impugned order of this Court.