By way of present successive application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on bail in connection with C.R. No.I-210 of 2011 registered with J.P. Road Police Station for the offence under Sections 302, 201 and 120-B of the Indian Penal Code.
Heard Mr.Shakeel Qureshi, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Mr.Qureshi, learned counsel for the applicant, states that no prima-facie case is made out against the present applicant. He has further contended that three other co-accused have already been released on bail by this Court. Therefore, the ground of parity may kindly be considered in favour of the present applicant. He has also contended that there are about 20 witnesses; out of which only two or three witnesses have been examined and looking to the pendency of the cases, it is not possible that trial will complete in near future. He has further contended that the witnesses, who have been examined, nothing incriminating is found from their oral evidence against the present applicant. He has also contended that other witnesses are not served and they are not appearing before the Court. Later on when this Court is not inclined to entertain the present application, Mr.Qureshi, learned counsel for the applicant, seeks liberty to withdraw the present application with liberty to some direction to the trial Court.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State. He has contended that witnesses are and will produce before the Court as per the call of the trial Court.
Heard learned counsel for the respective parties and also perused papers produced before me. The trial Court is hereby directed to serve the witnesses through summons and if summons are not served, then first bailable warrant and thereafter also if the witnesses will not remain present, non-bailable warrant can be issued against the witnesses to secure their presence. Learned Additional Public Prosecutor, who is appearing before the trial Court for the prosecution, is directed to conduct the matter in a proper manner and in accordance with law and procedure.
In view of above observations/direction, present application stands disposed of as withdrawn. Rule is discharged.
(Z.
K. Saiyed, J) Anup Top