PATEL SHAILESHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application, which is a successive bail application after the rejection of earlier bail application being Criminal Misc. Application No.11245/2023 vide order dtd. 7/11/2023, is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11206038220517/2022 registered with the Laghnaj Police Station, Mehsana for the offence punishable under Ss. 302 , 34 , 120(B) and 201 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(2.) Heard learned advocate, Mr. Y.V. Brahmbhatt for the applicant and learned APP Mr. Pravan Dhagat for the respondent - State of Gujarat.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 30/7/2022, for which, the FIR has been lodged on 31/7/2022 and the applicant has been arrested in connection with the same on 1/8/2022 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that entire case of the prosecution hinges upon circumstantial evidence and there is no direct evidence connecting the applicant with the commission of crime. Learned advocate submitted that as stated above, this is a successive bail application preferred by the applicant as there is no substantial progress in the trial and the applicant is in jail since his arrest, therefore, he may not be kept behind the bar for indefinite period. Learned advocate has drawn attention of this Court towards the recent decisions of the Hon'ble Supreme Court while considering the bail application of the accused concerned and submitted that as per the guidelines issued by the Hon'ble Supreme Court, "bail is a rule and jail is an exception". It is, therefore, urged that considering the nature of the offence as also considering the incarceration spent by the applicant in jail, the applicant may be enlarged on regular bail by imposing suitable conditions.