MOHAMMED SAJJAD MOHAMMED IMTIYAZ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application, which is a successive bail application preferred by the applicant after the rejection of earlier bail application being Criminal Misc. Application No.10666/2023 by an order dtd. 19/12/2023, is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.7/2023 registered with the Anti Terrorist Squad, Ahmedabad for the offence punishable under Ss. 121(a), 123, 465, 468, 471 and 120(B) of the Indian Penal Code.

(2.) Heard learned advocate, Mr. Ashish Dagli for the applicant and learned APP Ms. Shruti Pathak for the respondent - State of Gujarat.

(3.) Learned advocate, Mr. Dagli submitted that this is a successive bail application preferred by the applicant after the rejection of earlier bail application being Criminal Misc. Application No.10666/2023 by an order dtd. 19/12/2023. He has drawn attention of this Court towards the order dtd. 2/9/2024 passed by the Hon'ble Supreme Court in Special Leave Petition (Crl.) No.7816/2024 and submitted that against the rejection of earlier bail application, the applicant preferred said SLP, however at the time of hearing of said petition, a statement was made on behalf of the State that they intent to examine not more than five more witnesses and endeavour would be made to conclude the trial within a period of six months and on the strength of the said statement, the said SLP was not entertained, however, liberty was reserved to file fresh bail application before this Hon'ble Court if the trial is not concluded within six months. He submitted that in fact, more than six months have been passed but trial has not concluded. He further submitted that the applicant is in jail since his arrest i.e. since 25/10/2021, therefore considering the period of incarceration spent by the applicant in jail, the case of the applicant for the grant of bail may be considered.