AMRUTBHAI DAHYABHAI RATHOD Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) This is successive bail application on the ground of delay in trial and claiming parity with coaccused-Vipulbhai Keshavbhai Parmar, who was enlarged on regular bail by order dated 01.08.2017 in Criminal Misc.Application NO.8284 of 2017.

(2.) Learned Advocate for the applicant submitted that the charge sheet reflects 89 witnesses, out of whom, 18 witnesses have been examined so far and as the trial is to take a long period, the applicant is entitled to bail. 2. 1 It is submitted that as the case is of circumstantial evidence, therefore the prosecution will be obliged to examine each and ever witness and therefore, there is no question of dropping any formal witness ad hence also, the trial is going to take long time to be concluded. 2. 2 Learned Advocate for the applicant thereafter drew attention of this Court to the order dated 01.08.2017 in Criminal Misc. Application No. 8284 of 2017 in connection with the co-accused, wherein this Court has observed that despite the order of this Court to conduct the sessions on day-to-day basis, yet, after the order, only 6 to 7 witnesses were examined till date. Therefore, on the ground of parity, the case of the applicant should be considered. 2. 3 It is submitted that as Section 120B is attracted, therefore role of all accused persons would be equal and hence, parity will be applicable.

(3.) As against this, learned APP submitted that after the order passed by this Court in case of the present applicant, there is no substantial change. The trial has progressed continuously and as the Sessions Court is under the order of this Court to conduct the trial on day-to-day basis, the case of the applicant should be taken into consideration, more particularly when now 18 witnesses have been examined.