Gujarat High Court
Rajubhai Shankarbhai Parmar vs State Of Gujarat on 9 December, 2021
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/20631/2021 ORDER DATED: 09/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20631 of 2021
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RAJUBHAI SHANKARBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR SATISH A PANDYA(556) for the Applicant(s) No. 1
MS JIRGA JHAVERI APP(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 09/12/2021
ORAL ORDER
By way of second successive bail application under Section 439 of the Code of Criminal Procedure, the applicant seeks regular bail in connection with F.I.R. registered at C.R. No. 11204047200032 of 2020 with Nadiad Western Police Station for the offences punishable under Sections 489A, 489C, 489D and 120-B of the Indian Penal Code.
2. Vide order dated 26/07/2021, the applicant, after filing of charge-sheet, has not pressed the earlier bail application being CR.MA No.6681 of 2021.
3. Heard learned Advocate Mr.Satish A Pandya for the applicant.
3.1 Learned Advocate for the applicant has submitted that the applicant is not hardcore criminal and both father and son are in jail and trial has not commenced and therefore, considering the principle laid down in the case of Sanjay Chandra v. CBI, [(2012) 1 SCC 40], present bail application Page 1 of 2 Downloaded on : Wed Jan 12 08:38:31 IST 2022 R/CR.MA/20631/2021 ORDER DATED: 09/12/2021 may be considered.
4. Learned APP states at bar that the charge is framed and examination of the witnesses has commenced.
5. Considering the submissions made at bar, it appears that the trial has commenced. It requires to be noted that after disposal of earlier bail application on 26/07/2021, no special or exceptional circumstances has been pointed out by the learned Advocate for the applicant to release the applicant on bail. Thus, the applicant has no option; but to obtain the verdict of his innocence or involvement in the offence by following due procedure as laid down in Chapter XVIII of the Code of Criminal Procedure.
6. In view of such position as no change in circumstances is pointed out, this Court is not inclined to entertain the present bail application. Accordingly, the present bail application stands rejected.
(S.H.VORA, J) sompura Page 2 of 2 Downloaded on : Wed Jan 12 08:38:31 IST 2022