LAWS(GJH)-2008-9-24

TARIK FARIDBHAI SHAIKH Vs. STATE OF GUJARAT

Decided On September 24, 2008
MOHD.TARIK FARIDBHAI SHAIKH Appellant
V/S
STATE OF GUJARAT Respondents

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. , Mohd. Tarif Faridbhai Shaikh for releasing him on regular bail in connection with DCB Crime Police Station, Ahmedabad I-C. R. No. 6/2003 (POTA Case No. 6/2003), wherein the present appellant was arrested on 18. 04. 2003 and sent to judicial custody on 30. 04. 2003.

(2.) HEARD learned counsel appearing for the respective parties and perused the records.

(3.) IT has been mainly argued by the learned counsel for the appellant, Mr. K. G. Shaikh that the present appellant is totally innocent and has been falsely involved in the crime in question. It is also argued that though specific direction has been given by the Hon'ble Apex Court as well as this Court, the trial has not been completed by the Court below within stipulated period and yet the trial will take its own course. It is also argued that the witnesses examined by the prosecution have not supported the say of the prosecution and no incrementing evidence has come on record against the present appellant. It is, therefore, requested that the appellant may be released on bail.