MOHAMMEDYUNUSKHAN YAKUBKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal being successive bail application under Section 34 of the Prevention of Terrorism Act has been preferred by the appellant-original accused viz. , Mohammedyunuskhan Yakubkhan Pathan for releasing him on regular bail in connection with DCB Crime Police Station, Ahmedabad I-C. R. No. 6/2003 (POTA Case No. 2/2004 ). Prior to that also, the appellant and other co-accused have filed various bail applications either before the trial Court or before this Court or before the Hon'ble Apex Court, which are 12 in number. This is one more attempt made by him. Heard learned counsel appearing for the respective parties and perused the records.

(2.) LEARNED counsel for the appellant, Mr. Pathan has drawn our attention towards the order passed by the Hon'ble Supreme Court passed in S. L. P. (Cri.) No. 754/2007 arising out of Criminal Appeal No. 757/2007, more particularly, paragraph no. 21 of the said order, wherein the Hon'ble Supreme Court has observed as under :-

(3.) LEARNED counsel, Mr. Pathan has argued that in the aforesaid order, direction was given to complete the trial within six months, however, though six months have been passed, the trial is not yet completed. Over and above this, it has been argued that the present appellant has been arrested later on after a period of one year and, therefore, supplementary chargesheet has been submitted before the Court against the present appellant, which came to be numbered as POTA Case No. 2/2004. It is argued that except confessional statements of the appellant as well as co-accused, there is no material evidence, which connect the appellant-accused with the crime in question. It is also argued that most of the important witnesses have been examined and, therefore, it is requested that the appellant may be released on bail.