Gujarat High Court Case Information System
Print
CR.MA/653/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 653 of
2011
=========================================================
MOHD.
SIDDIQUE @ GANTI RAFIKBHAI VORA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CB UPADHYAYA for
Applicant(s) : 1,
MR KP RAVAL, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/01/2011
ORAL
ORDER
1. Petitioner
seeks regular bail in connection with the FIR, bearing I-C.R.
No.198 of 1997, registered with Dani Limda Police Station, for the
offences punishable under Sections-302, 120(B), 201, 202 and 114 of
the Indian Penal Code, Section-135(1) of the Bombay Police Act and
Sections-25(1)(A) and (B) of the Arms Act. The complaint was filed on
23.11.1997. The petitioner, however, could be arrested only on
28.07.2010. The petitioner, therefore, remained absconding for a
period of about 13 years.
2. Under
the circumstances, the petitioner cannot be expected to come back to
face the trial, if released on bail. Only on this ground, I am not
inclined to accept the request of the petitioner.
3. Learned
Counsel for the petitioner submitted that the other accused have been
acquitted by the trial Court and such acquittals have been upheld by
the
High Court. This is, however, an entirely different aspect of the
matter. Since, in the cases of the other accused persons, the
decisions have been rendered on the basis of the evidence on record.
What will be the outcome of the trial against the present petitioner,
cannot be presumed, at this stage. Only on the ground that the
petitioner was not available to face the trial for 13 long years,
this application requires to be rejected.
4. One
of the prime consideration before the Court, while examining a bail
application shall be, whether the accused, if released, would be
available for trial. In the present case, since, this vital
condition fails, the request of the petitioner for grant of bail
cannot be accepted.
5. In
the result, this petition is DISMISSED.
(AKIL
KURESHI, J.)
Umesh/
Top