Harsukhbhai Jayantilal Pala vs State Of Gujarat
2022 Latest Caselaw 1376 Guj

   R/CR.MA/21070/2021                                    ORDER DATED: 07/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 21070 of 2021

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                        HARSUKHBHAI JAYANTILAL PALA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR VINOD M GAMARA(5910) for the Applicant(s) No. 1
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                 Date : 07/02/2022

                                  ORAL ORDER

1. This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being I-C.R. No.162/1997 registered with Keshod Police Station, District Junagadh for the offences punishable under Sections 302 and 114 of the Indian Penal Code.

2. It is submitted that the co-accused have been acquitted on 11.08.2004 by the learned Additional Sessions Judge and 5th Fast Track Judge, Junagadh. Since the present applicant remained absconding, hence, by the said order the proceedings was directed to be continued. It is further submitted that now the above judgment would be applicable to the present applicant and the witnesses as per their knowledge who are examined are no more in

R/CR.MA/21070/2021 ORDER DATED: 07/02/2022

this world. Hence, on this ground the applicant has made a prayer to enlarge him on bail.

3. Considering the fact that the present applicant has remained absconding since a long period and the judgment of acquittal for the co-accused has been passed on 11.08.2004, and according to the order of the learned Additional Sessions Judge, the proceedings are to be conducted qua the present applicant, this Court does not find any reason to entertain this application. However, it is directed to the concerned Court to expedite and conclude the trial of the present applicant.

4. With the above observations, the application stands rejected. Rule is discharged.

Sd/-

(GITA GOPI, J) CAROLINE