Gujarat High Court
Butabhai Jogabhai Bharwad vs State Of Gujarat on 4 March, 2016
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/23080/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 23080 of 2015
==========================================================
BUTABHAI JOGABHAI BHARWAD....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
==========================================================
Appearance:
MR IH SYED, ADVOCATE for MR CHIRAG B UPADHYAY, ADVOCATE for the
Applicant(s) No. 1
MR HK PATEL, APP for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 04/03/2016
ORAL ORDER
By this application, the applicant has prayed for bail. This is a successive regular bail application after charge-sheet. The charge against the applicant is that of a murder. Out of eight persons, he is the only one who is in jail. As it appears, he has been attributed with an overt act of inflicting fatal injury on the head of the deceased.
Be that as it may, it appears that the condition of the applicant is bad. He is suffering from L4-L5 Prolapse Vertebral Disc Disease with Bilateral Nerve Root Compression. The doctors have certified that he needs conservative treatment in the form of analgesics physiotherapy and root block, and if necessary, may also have to undergo surgery.
Page 1 of 2
HC-NIC Page 1 of 2 Created On Sun Mar 06 03:02:27 IST 2016
R/CR.MA/23080/2015 ORDER
I take notice of the fact that he has been ordered to be released on temporary bail on number of occasions. It would always be open for him to pray for temporary bail before the trial Court in case of acute necessary. However, since in the past regular bail application was not entertained, this being a successive regular bail application, I am finding it a little difficult to exercise discretion in favour of the applicant.
I am told that the trial has commenced and about four to five witnesses have been examined so far. I also called for the report of the trial Court as regards the status of the trial and, according to the report, it appears that the trial might still take about four to six months before the same is completed.
Having regard to the medical condition of the applicant, which I have described above, the trial Court is directed to see that top priority is given to this particular case even if there are old cases bending before it. The trial Court shall make all possible endeavours to ensure that the trial is completed within three months from today. If necessary, let the evidence be recorded on day-to-day basis.
It will be open for the applicant to file a fresh application if the trial is not completed within three months as directed.
With the above, this application is disposed of.
(J.B.PARDIWALA, J.) MOIN Page 2 of 2 HC-NIC Page 2 of 2 Created On Sun Mar 06 03:02:27 IST 2016