Gujarat High Court
Atulbhai vs State on 20 July, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/7755/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7755 of 2010
In
CRIMINAL
APPEAL No. 768 of 2009
=========================================================
ATULBHAI
MANILAL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR LB DABHI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 20/07/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) Rule.
Mr.L.B.Dabhi, learned APP, appears and waives service of notice of rule on behalf of the respondent - State of Gujarat.
Having regard to the facts of the case, the application is taken up for hearing today.
By instant application, applicant - convict prisoner who vide judgment and order dated 06.03.2009 rendered in Sessions Case No.22 of 2008 passed by learned Additional Sessions Judge, Fast Track Court No.1, Patan, has been convicted for the offences punishable under Sections 376 IPC and sentenced to imprisonment for life, has forwarded this application through jail to enlarge him on regular bail during the pendency and final hearing of aforesaid Criminal Appeal on the grounds stated in the application.
At the time of hearing of this application, Mr.L.B.Dabhi, learned APP has drawn the attention of this Court on earlier two orders passed by Coordinate Bench of this Court, whereby applications filed by the applicant seeking regular bail has been rejected. It is, therefore, prayed by him to reject this application, as this is third successive bail application.
We have considered the averments made in the application which are almost similar and identical to those which were raised in the earlier bail applications. The applicant has preferred first application being Criminal Misc.Application No.5150 of 2009, which came to be dismissed by the Coordinate Bench of this Court vide order dated 10.11.2009 by passing speaking and exhaustive order. Applicant has thereafter again preferred 2nd bail application being Criminal Misc.Application No.4904 of 2010 which came to be dismissed vide order dated 16.06.2010 by the Coordinate Bench of this Court. This is third successive bail application. In view of the aforesaid, since two applications preferred by the applicant seeking regular bail has been rejected on merits, and no new ground is mentioned in this bail application, this bail application also meets with the same fate.
So far as the prayer made by him to call him at the time of hearing of the bail application also cannot be entertained, because while deciding the first bail application being Criminal Misc.Application No.5150 of 2009, the matter was argued by the learned advocate engaged by the applicant, and while deciding the second bail application being Criminal Misc.Application No.4904 of 2010, the Coordinate Bench has directed him to remain present personally and he had remained present as party-in-person and he was also heard and the Coordinate Bench of this Court vide order dated 16.06.2010 has passed speaking and exhaustive order.
For the foregoing reasons, the application is rejected.
Rule is discharged.
(A.M. Kapadia, J.) (J.C. Upadhyaya, J.) (binoy) Top