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CR.MA/15450/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15450 of 2010
=========================================================
DEVIPUJAK
VIJAY @ SAGAR VALLABHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KIRIT R PATEL for
Applicant(s) : 1,
MR KARTIK PANDYA ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/12/2010
ORAL
ORDER
Present
petition has been preferred by the petitioner
– original accused No.3, under sec.439 of the Code of
Criminal Procedure to release him on bail in connection with the
complaint being CR No.I-52 of 2002 registered with Girgadhada Police
Station for the offences punishable under sections 302, 201, 460
r/w section 34 of Indian Penal Code and under sec.135 of Bombay
Police Act.
Having
heard Mr.Patel, learned advocate
appearing on behalf of the petitioner and Mr.Kartik Pandya,
learned Additional Public Prosecutor for State, it appears that the
petitioner was absconding
and even his case was required to be separated and subsequently
separate chargesheet was required to be filed and therefore, as
there are all possibility that the petitioner
may jump the bail, if he is released on bail, and may not be
available at the time of trial, the petitioner
cannot be released on bail. Even otherwise, there is a
strong prima facie case against the petitioner
for the offences punishable under sections 302, 201, 460
r/w section 34 of Indian Penal Code and under
sec.135 of Bombay Police Act and even stolen ornaments were found
from the house of the petitioner/petitioner’s
father. Under the circumstances, no case is made out to release the
petitioner on bail and
hence present petition is required to be dismissed and is
accordingly dismissed. However in considering the fact that the
petitioner is in jail
since July, 2006, the trial is ordered to be expedited.
[M.R.
SHAH, J.]
rafik
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