Citation : 2025 Latest Caselaw 4941 Guj
Judgement Date : 19 June, 2025
NEUTRAL CITATION
R/CR.MA/4410/2025 ORDER DATED: 19/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4410 of 2025
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SANJAY @ THUTHIYO RANCHODBHAI CHAVDA
Versus
STATE OF GUJARAT
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Appearance:
MR M M SHAIKIH(11314) for the Applicant(s) No. 1
MR UVESH M SHAIKH(11313) for the Applicant(s) No. 1
MR.MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 19/06/2025
ORAL ORDER
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11191004211532 of 2021 registered with Amraiwadi Police Station, District Ahmedabad, for the offences punishable under Sections 302 of the Indian Penal Code, 1860 and Section 135(1) of the G. P. Act.
2. Learned advocate for the applicant has submitted that the applicant has been arrested in connection with the present offence on 15.11.2021 and since then, he is in the custody and he has undergone period of incarceration for more than three years and there has been no progress at all in the trial. He has, therefore, submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
2.1 In support of his case, learned advocate for the
NEUTRAL CITATION
R/CR.MA/4410/2025 ORDER DATED: 19/06/2025
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applicant has sought to rely upon the judgment rendered in the case of Rabi Prakash vs. The State of Odisha reported in (2023) LiveLaw (Selection Committee) 533.
3. The learned APP appearing for the respondent State has vehemently submitted that the offences alleged against the present applicant is serious in nature. He has further submitted that the allegations against the applicant, are serious in nature and looking to the facts as well as the allegations made against the applicant, no discretion should be exercised.
4. Heard learned advocates for the respective parties and perused the documents produced on record. This Court vide order dated 02.05.2025 had asked the learned trial Court to submit its report as regards the current status of trial and accordingly learned trial Court has submitted its report pertaining to status of trial which indicates that the applicant has yet not engaged an advocate for his defense and on every occasion, the applicant has been asked by the learned trial Court to engage his advocate. However, till date, the applicant has not engaged an advocate on his behalf. Thus, the trial of the present offence has not been delayed because of any reason attributable to the prosecution. It is the applicant himself who is responsible for delay in trial.
5. Having regard to the aforesaid facts, this Court is not inclined to exercise its judicial discretion in favour of the applicant. The application is dismissed.
(M. R. MENGDEY,J) NABILA
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