JUDGEMENT
-
(1.)THE present successive application has been filed by the applicant to release them on regular bail in connection with CR No.I144 of 2011 registered with Kapodra Police Station for the offence punishable under Sections 302, 118 and 114 of IPC. Previously, the present applicant has filed Cri.Misc.Appln.No.16412 of 2011 wherein following order has been passed by this Court on 24 -1 -2012:
Learned advocate for the applicants seeks permission to withdraw present application. Permission is granted. Application stands disposed of as withdrawn. Rule discharged.
If trial is not completed within one year, in that case, applicant can file fresh bail application and if any fresh bail application is preferred by the applicant, the Court will consider and decide the same in accordance with law and on its own merits.
As trial is yet not completed, present application is filed stating this as the new ground.
(2.)HEARD Mr.B.M.Mangukiya, learned counsel for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent -State.
(3.)IT is submitted by Mr.Mangukiya that there is no such evidence which prima facie shows that applicant is involved in the crime in question. Taking this Court through the statements of some of the witnesses, he submitted that evidence of last seen together is not inspiring confidence. It is further submitted that there is no recovery or discovery from the present applicant and this is a case of circumstantial evidence. It is further submitted that the applicant is in jail since long and hence, requested to release the applicant on bail.
Mr.L.B.Dabhi, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence of murder. It is further submitted that there is ample evidence of last seen together of the applicant accused with the deceased and hence, the Sessions Court, after considering the police papers, has rightly rejected his bail application. Since the applicant is involved in the serious offence of murder, merely on the ground of non -completion of trial, the applicant should not be released on bail.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.