DIPAKBHAI JAYANTILAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a second successive application being preferred by the applicant in light of liberty granted by the Apex Court while dismissing the Special Leave Petition for bail bearing No. 1472 of 2005 by order dated 1.4.2005.

(2.) The applicant is facing charges for offences punishable under Sections 406, 420, 467, 468 and 120B of Indian Penal Code. His bail application came to be rejected by this Court. Thereafter he preferred Criminal Misc.Application No. 1311 of 2005 which also came to be rejected by this Court being successive bail application by order dated 18.2.2005. Thereafter the applicant approached the Apex Court by preferring SLP No. 1472 of 2005 and the Apex Court passed the following order: Heard learned Counsel for the petitioner. We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed. We may, however, observe that in case the trial is not concluded within a period of one year, it would be open to the petitioner to move the High Court afresh for grant of bail. If such an application is filed, the same shall be considered on its own merits.

(3.) Learned Advocate for the applicant submitted that one year has elapsed since passing of the order by the Apex Court but the trial has not commenced and, therefore, the applicant's case for bail may be considered on merits. Mr Patel submitted further that the applicant was released on temporary bail and during that period, he could dispose of some property and make some payment to the Bank. He, now further proposes to do the same and, therefore, his case may be considered.