1. RULE.
Shri Pranav Dave, learned APP waives service of notice of rule on behalf of the respondent.
2. The present Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure has been preferred by the applicant-original accused to release him on bail in connection with Complaint/FIR, being C.R. No. I 323/2006 registered with Sayajigunj Police Station for the offences punishable under Sections 365, 302, 201, 120B, 134, 147, 148, 149 and 212 of the Indian Penal Code.
3. Heard Shri Desai, learned advocate appearing on behalf of the applicant and Shri Dave, learned APP appearing on behalf of the respondent-State.
4. At the outset, it is required to be noted that this is a successive bail application and as such there are no change circumstances. It is also reported that as such the trial has already begun. It is also reported that even some of the witnesses are also declared hostile. Considering the aforesaid facts and circumstances of the case, more particularly, when the trial has already begun and the present application is a successive bail application and there are no change circumstances, the present application deserves to be dismissed and is accordingly dismissed. In the facts and circumstances of the case, the learned trial Court is directed to exhibit the trial and see to it that the trial is concluded at the earliest. Rule is discharged.
(M.R.
SHAH, J.) siji Top