KALPESH @ KACCHIYO ARVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule for the Respondent-State. 1. This is an application for regular bail by the applicant in connection with the offence registered as I-C.R. No. 297 of 2016 with City Police Station, Vadodara, for the offence punishable under Sections 302, 201, 120B of the Indian Penal Code, 1860 Sections 25(1)(B) A of the Arms Act and under Section 135 of the Gujarat Police Act.

(2.) The earlier application preferred by the present applicant, being Criminal Misc. Application No. 15083 of 2017 was permitted to be withdrawn on 19.09.2017.

(3.) This Court has heard the learned Advocate, Mr. Saiyed, for the applicant, who fervently urged that son of the applicant is suffering from autism cum fragile. Likewise, his daughter is also suffering from the very same disease. He has married to a lady, who is following Islam, and therefore, she does have any support from any family member. The treatment of the children of the applicant at Jaslok Hospital, Mumbai, has continued. It is, further, his say that three of the accused, who had been absconding, have been granted anticipatory bail, and therefore, the present applicant, in this successive bail application, is seeking parity with the co-accused and also on the ground of ailment of his children, he has prayed for regular bail. He urged that the IO was remaining present for giving his deposition for a long time and the trial of the three absconding accused, who have been enlarged on anticipatory bail, is likely to be combined with the trial of the present applicant, which is nearer to completion. Alternatively, he has made a request for direction to the trial Court for completion of trial within two months.