Rameshbhai @ Bhuvaji Halubhai ... vs State Of Gujarat
2022 Latest Caselaw 2322 Guj

     R/CR.MA/21703/2021                                  ORDER DATED: 28/02/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21703 of 2021

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                RAMESHBHAI @ BHUVAJI HALUBHAI WADERA
                               Versus
                         STATE OF GUJARAT
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Appearance:
AXIT J TANNA(9474) for the Applicant(s) No. 1
KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
MR R.C. Kodekar, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA

                              Date : 28/02/2022
                                ORAL ORDER

1. I have heard Mr. Kumar Trivedi, the learned counsel appearing for the applicant - accused and Mr. R.C. Kodekar, the learned APP appearing for the respondent - State.

2. This is a successive bail application at the instance of an accused facing trial for the offences punishable under Sections-376 and 506(2) respectively of the the IPC and Sections-4, 5(1) and 6 of the Protection of Children from Sexual Offences Act (for short 'The POCSO').

3. It appears that the applicant - accused is in jail since 29 th August 2017. The trial is in progress. According to Mr. Trivedi, almost 15 witnesses have been examined so far by the prosecution. However, for some reason or the other, the Public Prosecutor In- charge of the trial is not able to secure the presence of the victim for the purpose of her examination. The trial is being delayed only

R/CR.MA/21703/2021 ORDER DATED: 28/02/2022

due to the fact that the victim is not remaining present for oral evidence.

4. This Court is not inclined to grant bail to the applicant herein at this point of time, more particularly, when almost 15 witnesses have already been examined. However, the prosecution should ensure that the victim remains present and her oral evidence is completed at the earliest. Let the trial proceed expeditiously and completed with the judgment on or before 31st August 2022.

(J. B. PARDIWALA, J) A. B. VAGHELA