Gujarat High Court
Rakesh Chimanbhai Makanbhai Rathod vs State Of Gujarat on 7 February, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.MA/1736/2025 ORDER DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1736 of 2025
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RAKESH CHIMANBHAI MAKANBHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR MATAFER R PANDE(3952) for the Applicant(s) No. 1
MS ASMITA PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 07/02/2025
ORAL ORDER
1. The report of the learned I/C. 11th Additional Sessions Judge, Surat is on record. As per the report, there are 7 accused in the matter and 6 have already been released, while the present one is in the custody. There are about 41 witnesses cited in the charge-sheet and 8 have been examined and summons are issued to two of the witnesses.
2. Learned APP Ms. Asmita Patel relying on the report of the Police Inspector, Amroli Police Station, Surat City, stated that the present applicant is main culprit and he has major role, and the present is a successive bail application, where there is no change of facts situation to entertain the application.
3. While countering the arguments, learned advocate Mr.Matafer Pande has submitted that the applicant is in jail Page 1 of 3 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:46 IST 2025 NEUTRAL CITATION R/CR.MA/1736/2025 ORDER DATED: 07/02/2025 undefined since last three years and only 8 witnesses have been examined and looking to the number of the witnesses cited in the charge-sheet, he stated that the trial would not end in near future and thus, on the ground of prolong incarceration contending to be as a pre-trial conviction, has urged for the bail.
4. This Court has taken into consideration the judgment of the Hon'ble Apex Court in the case of X. Vs. State of Rajasthan & Anr. decided on 27.11.2024 in Special Leave Petition (Criminal) No.13378 of 2024, the Hon'ble Supreme Court has cautioned observing that, ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused. While however, has also observed that only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that the right of the accused to have a speedy trial has been infringed.
5. Thus, keeping a balance to the observation of the Hon'ble Apex Court and considering the fact that many of the witnesses are yet to be examined and only eight witnesses have given their depositions, at present, this Court does not want to entertain the present application with a direction to the concerned trial Court that the trial be expedited and be concluded within a period of one year. In failure, the right is reserved in favour of the present applicant to file bail Page 2 of 3 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:46 IST 2025 NEUTRAL CITATION R/CR.MA/1736/2025 ORDER DATED: 07/02/2025 undefined application.
6. In view of the above, the present application stands disposed of.
(GITA GOPI,J) Pankaj /4 Page 3 of 3 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:46 IST 2025