NAVALSINH KARUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for regular bail in connectio1n with the FIR being C.R. No.11205038220029/2022 registered with the Nara Police Station, Kutch West, Bhuj for the offence punishable under Ss. 302 and 307 of the Bharatiya Nyaya Sanhita, 2023 and under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .

(2.) Heard learned Senior Counsel, Mr. J.M. Panchal assisted by learned advocate, Mr. Kirtidev Dave for the appellant, learned APP Mr. Hardik Soni for the respondent - State of Gujarat and learned Senior Counsel, Mr. Jal Unwala assisted by learned advocate, Mr. Darshan Varandani for the original complainant.

(3.) Learned Senior Counsel, Mr. Panchal submitted that this is a successive bail application preferred by the appellant after the rejection of earlier appeal being Criminal Appeal No.1037/2023 by an order dtd. 22/6/2023 passed by the Coordinate Bench of this Court. He, however, submitted that the present appeal has been filed on two grounds i.e. one is on the ground of incarceration and second is on the ground of delay in trial. He submitted that the applicant is arrested on 4/10/2022 and since then, he is in judicial custody and thus, approximately three years have been passed and till date, the trial is not concluded, therefore for indefinite period, the applicant may not be kept behind the bar.