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CR.MA/1135820/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11358 of 2008
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HIREN
PINAKIN KOTHAWALA - Applicant
Versus
STATE
OF GUJARAT - Respondent
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Appearance :
MR
TS NANAVATI for Applicant:
MRS FD PATEL, LD. APP for Respondent
:
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 23/09/2008
ORAL
ORDER
Heard
learned counsels for the parties. This is a successive bail
application and the same is preferred only on account of stay
granted in the proceedings of Criminal Misc. Application No. 1297 of
2008 in Special Criminal Application No. 2391 of 2007, on 5/2/2008.
It deserves to be noted that on earlier occasion also similar
attempt was made by filing Criminal Misc. Application No. 3289 of
2008 and at that time this very ground was pressed into service.
That, as the Court was not inclined to exercise its discretion in
favour of the applicant, same was sought to be withdrawn and the
permission for withdrawal for the same was granted on 27/3/2008.
Present
one is one more attempt on the same ground. The only change of
circumstance could be said to be elapsing of time of about six
months. But this in itself would not be sufficient for exercising
discretion in favour of the applicant when serious offences have
been involved. Moreover it deserves to be noted that the counsel for
the applicant has not pointed out as to what efforts were made to
have the Criminal Misc. Application No. 1297 of 2008 disposed of as
the present applicant is also party respondent and is represented by
an advocate. In view of this, this Court is not inclined to exercise
its discretion in favour of the applicant in this successive bail
application. Present application fails and is rejected. Notice
discharged.
[
S.R. BRAHMBHATT, J ]
/vgn
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