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CR.A/1823/2008 5/ 5 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1823 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA :
HONOURABLE
MR.JUSTICE DN PATEL :
=======================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=======================================================
MOHD.
TARIK FARIDBHAI SHAIKH - Appellant(s)
Versus
STATE
OF GUJARAT - Opponent(s)
=======================================================
Appearance :
MR
KHALID G SHAIKH for Appellant(s) : 1, MR EJAZ M QURESHI
for Appellant(s) : 1,
MR JM PANCHAL SPL. PP for Opponent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 24/09/2008
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
The
present Criminal Appeal being successive bail application under
Section 34 of the Prevention of Terrorism Act has been preferred by
the appellant-original accused viz., Mohd. Tarif Faridbhai Shaikh
for releasing him on regular bail in connection with DCB Crime
Police Station, Ahmedabad I-C.R.No.6/2003 (POTA Case No.6/2003),
wherein the present appellant was arrested on 18.04.2003 and sent to
judicial custody on 30.04.2003.
Heard
learned counsel appearing for the respective parties and perused the
records.
It
has been mainly argued by the learned counsel for the appellant,
Mr.K.G. Shaikh that the present appellant is totally innocent and
has been falsely involved in the crime in question. It is also
argued that though specific direction has been given by the Hon’ble
Apex Court as well as this Court, the trial has not been completed
by the Court below within stipulated period and yet the trial will
take its own course. It is also argued that the witnesses examined
by the prosecution have not supported the say of the prosecution and
no incrementing evidence has come on record against the present
appellant. It is, therefore, 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 about 168 witnesses and
now approximately 25-30 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. Mr.Panchal has also drawn our attention
towards applications filed by the present appellant before the trial
court namely Criminal Misc. Application No.47/2004 and Criminal
Misc. Application No.1354/2007. It is also argued by Mr.Panchal that
it is a serious offence and the role of the present appellant has
been fully established to connect him with the crime in question. It
is, therefore, submitted that looking to the seriousness of the
offence, the bail is required to be rejected.
We
have taken into consideration the oral as well as documentary
evidence shown to us by the learned counsel appearing for the
respective parties along with the reasoned judgment delivered by the
Court below in Criminal Misc. Application No.1845/2008, which shows
that here in this case, the prosecution has already examined more
than 168 witnesses and as stated by Learned
Spl. P.P., Mr.Panchal, now only 25-30 witnesses are to be examined
and they are Police Officers. We have also gone through the evidence
on record and found that there is prima-facie case to connect the
accused with the crime in question. Record also shows that the
Learned
Special Court is dealing with the matter on a day-to-day basis by
allotting three days in a week, for that, the Judge is regularly
going into Central Jail from 11:00 a.m. to 5:00 p.m., wherein Court
has been created there itself. It is required to be noted that most
of the witnesses are the Police Officers and they are easily
available and, therefore, the trial will be completed in near
future. It is required to be noted that other co-accused have also
filed various application before this Court, which we have finally
disposed of. We have also gone through the impugned judgment
delivered by the Court below, wherein the trial Court has dealt with
in detail the role played by the appellant especially in paragraph
no.6 and, therefore, we are not repeating the same.
In
view of the seriousness of the offence and this being successive
bail application and in view of the fact that the trial is going on
on a day-to-day basis, this Criminal Appeal for bail is required to
be rejected and is rejected accordingly. Notice is discharged.
(R.P.DHOLAKIA,
J.) (D.N. PATEL, J.)
/patil
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