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CR.MA/135482009/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13548 of 2009
=========================================
HITESH
VELJIBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
JAYESH A DAVE for Applicant(s) : 1,
MR. H.L.JANI, ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 04/12/2009
ORAL
ORDER
The
present application has been filed by the Applicant accused for
grant of regular bail under Section 439 as well as under Section
437(6) of the Criminal Procedure Code as a successive bail
application.
The
applicant accused is charged with having committed offence under
Sections 406, 465, 468, 471 and 114 of the Indian Penal Code for
which FIR being I-CR No. 173 of 2005 has been registered with Bhuj
City Police Station.
After
arguing for some time, learned Advocate Mr. Jayesh A. Dave for the
applicant accused seeks permission to withdraw the present
application with liberty to file a fresh application if the trial
has not been proceeded with, or there is a delay.
As
the present application is a successive bail application and in view
of the order passed earlier in Criminal Misc. Application No. 5298
of 2009, the Court is not inclined to entertain the present
application filed under Section 437(6) of Cr.PC, more particularly
in light of the observations made by the learned Sessions Court
while deciding the Criminal Misc. Application No. 342 of 2009
referring to earlier application made under Section 437(6) of the
Cr.PC. However, the applicant accused would be at liberty to file
the application if the trial has not proceeded and over within a
reasonable period.
Accordingly,
the presently application stands disposed of as withdrawn. Rule
discharged.
(Rajesh
H. Shukla,J)
Jayanti*
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