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CR.MA/13745/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13745 of 2008
In
CRIMINAL
APPEAL No. 880 of 2003
=========================================================
VALERABHAI
DEGANBHAI VAGH
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
APURVA R KAPADIA for Applicant
MR LB DABHI APP for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 24/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
RULE.
Learned APP Mr.L.B.Dabhi
waives service of rule on behalf of the respondent State.
This is a successive
bail application filed by the convict prisoner through learned
advocate for the applicant.
Learned advocate
Mr.Apurva R. Kapadia for the applicant and learned APP Mr.L.B.Dabhi
for the respondent State were heard, in detail, in respect of
this application.
This is, undoubtedly,
successive bail application of present convict prisoner. Mostly
it is submitted that out of 14 accused, almost all accused are
released on bail and this accused is still in Jail for almost five
years and appeal is not being heard.
So far as the merits
are concerned, the issue is decided that the convict prisoner is
not entitled to be released on bail and merits are, well ,considered
in previous bail application.
However, the
apprehension of the applicant, convict-prisoner that looking to the
work load and backlog of the appeal, the appeal is not likely to be
heard in near future, is absolutely incorrect. Now the Hon’ble the
Chief Justice of this Court has constituted three criminal benches
to hear the criminal appeals. It appears that in the present matter,
still the paper book is not received and the appeal is still not
notified for final hearing on board. Office to verify and if the
paper book is received, the Criminal Appeal may be notified on board
at appropriate seniority of the matter. However, grievance is that
the applicant is in Jail for last five years is also of no avail
because the prisoners who have filed their appeals earlier are
still to be decided in seriatim.
In view of the above,
this application stands dismissed. Rule is discharged.
[
J. R. VORA,J. ] [ SHARAD D. DAVE,J. ]
vijay
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