(1.) Rule. Learned APP waives service.
(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 452, 395, 397, 307, 365, 342, 435, 436, 427, 504, 506 (2), 120 (B) of the Indian Penal Code and under Section 135 of the Gujarat Police Act for which FIR came to be registered at C.R. No.I-34 of 2017 with Langhnaj Police Station.
(3.) Learned APP seeks adjournment to call for the investigation papers. The request is being opposed by the learned advocate for the applicant with a statement that amongst 13 accused, as many as 8 accused similarly situated have been admitted to either anticipatory bail or regular bail by the different orders from the different benches of this Court and the said fact was brought to the notice of the trial Court, which, however, declined to exercise the powers under Section 439 of the Cr.P.C. only on the ground that the charge-sheet against the applicant herein has not been filed. Learned advocate for the petitioner submits that except the said distinguishing feature, the learned judge has not pointed out anywhere in his order that the role of the applicant herein and others who have been admitted to bail is different. Relying upon the case of Rameshbhai Batubhai Dabhi Vs. State of Gujarat,2011 (0) GLHEL(HC) 225071, it was contended that the trial Court was under an obligation to examine the parity of the case on the basis of predominant facts involved in the case and could not have rejected the petitioner's case as regards parity, merely on the ground of non-filing of the report under Section 173 of the Criminal Procedure Code.