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
NEUTRAL CITATION
R/CR.MA/1736/2025 ORDER DATED: 07/02/2025
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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
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R/CR.MA/1736/2025 ORDER DATED: 07/02/2025
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application.
6. In view of the above, the present application stands
disposed of.
(GITA GOPI,J)
Pankaj /4
