SHAILESHBHAI BALABHAI PARADAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 17.04.2018, this Court passed following order:

(2.) Further, affidavit of the applicant is taken into consideration, who has stated that he has been acquitted in Criminal Case No. 577 of 2017, arising out of I-C.R. No. 126 of 2017, registered with Pardi Polie Station for the offence punishable under Sections 454, 380 and 114 of the Indian Penal Code, 1860. He, further, has urged that during the pendency of the trial, this Court had given him temporary bail on 24.04.2018 and on 01.05.2018. He has been granted extension vide order dated 05.05.2018 passed in Criminal Misc. Application No. 1 of 2018 in Criminal Misc. Application No. 8246 of 2018. It is, further, his say that out of 25 witnesses in Criminal Case No. 576 of 2017, only eight witnesses have been examined within a span of nine months and none of the witnesses has supported the case of the prosecution. It is urged that he would abide by all the conditions that may be imposed by this Court.

(3.) This Court has heard the learned Advocate, Mr. Buch, for the applicant so also learned APP, Ms. Mehta, for the Respondent-State and also taken into consideration various circumstances. It is also noted that till 01.05.2018, no further progress is made in the trial. In fact, as per the say of the learned Advocate, Mr. Buch, the matter was scheduled before the trial Court on 30.04.2018 and no witness turned-up on that date. It may be noted that this Court had granted him regular bail vide order dated 20.03.2018 passed in Criminal Misc. Application No. 4898 of 2018 arising out of IC. R. No. 21 of 2017, registered with Mangrol Police Station, on certain stringent conditions. However, because of his arrest in connection with I-C.R. No.140 of 2017 registered with Pardi Police Station for the offence punishable under Sections 380, 454 read with Section 114 of the IPC, he has been able to reap the benefits of the said order.