VINUBHAI HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has filed this 5th successive bail application under section 439 of the Code of Criminal Procedure, 1973 in connection with first information report registered at C.R.No.I470 of 2011 with Umara Police Station for the offences punishable under Sections 302, 120B, 34, 182, 212 of Indian Penal Code read with Section 135 of the Gujarat Police Act.

(2.) The case of the prosecution has a backdrop in a dispute pertaining to land between husband of the informant - Amit and accused No.4 - Ashokbhai and the applicant. It is alleged that accused No.2 - Bhavsinh was hired to kill either Amit or his father - Pravinchandra and in furtherance thereof accused No.13 - Santosh was to keep watch over the movement of Amit as well as his father and on 29.12.2011 accused No.1 - Dipak and Accused No.9 - Sandipgiri and other co-accused armed with deadly weapons kept a watch near the court building and while Amit was trying to sit in his car, the accused persons attacked him. The accused No.1 inflicted blow on the neck and committed murder of Amit and thereafter accused persons ran away. The present applicant and other persons had given Rs. 9 lakhs towards contract money and other accused helped the co-accused in fleeing away and also harbouring the accused persons. The applicant was arrested on 22.01.2012 and since then he is behind bars.

(3.) Learned counsel appearing for the applicant would contend that the applicant is in jail pursuant to his arrest on 22.01.2012 and out of 141 witnesses, 70 witnesses have already been examined, but remaining witnesses are yet to be examined and the trial is likely to prolong. It is further submitted that all the prosecution witnesses, who had referred name of the applicant have already been examined and none of the said witnesses has supported case of the prosecution. Thus, it can safely be said that all the material witnesses are examined and no evidence surfaced on record. It is further submitted that keeping in mind the observations made by the Apex Court in granting liberty to the applicant to prefer application for bail, on examination of all material witnesses, and the period of 5 years of incarceration during the pendency of the sessions case and that trial is likely to be over in near future, by imposing suitable conditions, the applicant may be enlarged on bail.