1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Code of Criminal Procedure, 1973, which is a successive bail application.
2. The applicant accused is charged with having committed offence under Section 302, 323, 324, 325, 143, 147, 148 and 149 of I.P.Code and under Section 135(1) of the B.P.Act for which FIR being I C.R.No. 9 of 2010 has been registered with Jam Kalyanpur Police Station, District: Jamnagar.
3. Learned Advocate Mr. Tushar Chaudhary submitted that the present application has been filed on the ground that even if there is a role attributed, the trial is not likely to be commenced and there may be delay in trial. He, further, submitted that there is no male member to support the family and therefore present application may be entertained. Alternatively it was submitted that trial may be ordered to be expedited.
4. Learned APP Ms. M.L.Shah submitted that offence alleged is under Section 302 and the applicant is attributed with specific role and he is the main accused. She further submitted that there is no delay in trial at the instance of prosecution and therefore as there are no change in the circumstances, when the earlier Criminal Misc. Application No. 10345 of 2010 was withdrawn, present application may not be entertained.
5. In view of rival submissions, it is required to be considered whether the present application can be entertained or not. It is well accepted that this Court is not required to appreciate and scrutinize the evidence at this stage.
5.1. However, for considering the prima facie case the relevant aspects like, nature/gravity of the offence, manner in which it is alleged to have been committed, role attributed and weapon used are required to be considered. As transpires from the papers, the applicant is attributed with specific role and therefore without any further discussion or elaboration, as there are no change in the situation or material change in the circumstances pointed out, as observed by the Hon'ble Apex Court in a judgment reported in AIR 1992 Supreme Court P.2292, present application may not be entertained. The main grounds on which the present application has been filed are that the trial is not likely to commence and there is no male member to support the family. However, these are not the new grounds as these grounds would be in every case. Further, there is no delay pointed out in the trial and therefore having regard to the observations made in a judgment reported in AIR 2005 Supreme Court 921 present application cannot be entertained and deserves to be rejected and accordingly stands rejected.
(RAJESH H. SHUKLA, J.) jani Top