BHAVESH BALDEVBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India raises an important issue pertaining to the procedure being adopted by this Court as a long practice in issuance of "Rule" in bail matters, the applications filed under Ss. 438 and 439 of the Code of Criminal Procedure, 1973 (in short as " Cr.P.C.). The petitioner herein is aggrieved by the pendency of the bail application, namely Criminal Miscellaneous Application No. 20917 of 2022, wherein order dtd. 16/11/2022 was passed issuing Rule returnable on 28/11/2022 when the learned Additional Public Prosecutor already waived service of notice of Rule for and on behalf of the respondent-State.

(2.) It is stated in the writ petition presented on 25/8/2023, that the bail application had not been decided even after 27 adjournments without the fault of the petitioner.

(3.) The issues as agitated by Mr. Asim Pandya, learned Senior Advocate assisted by learned advocates Mr. Gaurav Vyas and Mr. Shyam Shah appearing for the petitioner are:-