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CR.A/1552/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1552 of 2008
=======================================================
AFZALKHAN
@ BABU MURTUZA KHAN PATHAN - Appellant(s)
Versus
STATE
OF GUJARAT - Opponent(s)
=======================================================
Appearance :
MR
BM GUPTA for Appellant(s) : 1,
MR JM PANCHAL SPECIAL PUBLIC
PROSECUTOR for Opponent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 14/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
The
present Criminal Appeal under Section 34 of the Prevention of
Terrorism Act has been preferred by the appellant-original accused
no.6 for releasing him on regular bail in connection with DCB Crime
Police Station I-C.R.No.6/2003 (POTA Case No.12/2003).
Heard
learned counsel appearing for the respective parties and perused the
records.
Learned
counsel, Mr.Gupat has drawn our attention towards the order passed
by the Hon’ble Supreme Court passed in Criminal Appeal No.757/2007
arising out of S.L.P. (Cri.) No.754/2007, more particularly,
paragraph no.21 of the said order, wherein the Hon’ble Supreme Court
has observed as under :-
In
this view of the matter, we are of the opinion that the interest of
justice shall be subserved if the learned
Designated Judge is directed to conclude the trial as expeditiously
as possible and preferably within six months from the date of
communication of this order. With this observation, the appeals are
dismissed.
Learned
counsel, Mr.Gupat has argued that in the aforesaid order, direction
was given to complete the trial within six months, however, though
six months have been passed, the trial is not yet completed. It is
also argued that most of the important witnesses have been examined
and, therefore, it is requested that the appellant may be released
on bail.
Learned
Special P.P., Mr.Panchal has drawn our attention that here in this
case, the prosecution has already examined 165 witnesses and now
approximately 30 witnesses are to be examined and the Court is also
taking care to deal with the matter as early as possible, for which,
the concerned Judge is visiting and conducting the trial in the
Central Jail itself and, hence, the trial will be completed as early
as possible.
Having
heard learned counsel for the respective parties, we are of the
opinion that the Court below is conducting the matter as directed by
the Hon’ble Apex Court. The Court below has also allotted three days
in a week for conducting the matter. Over and above this, though
this being serious offence having voluminous record, the Court below
has already examined 165 witnesses and now only 30 witnesses are to
be examined and trial will be over in near future. No ground is made
out for granting bail to the appellant. However, the Court below is
hereby directed to complete the trial as early as possible.
With
this observation and direction, this Criminal Appeal stands disposed
of. Notice is discharged.
(R.P.DHOLAKIA,
J.) (D.N. PATEL, J.)
/patil
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