JAVED @ JAVO BASIR KASAM MALEK Vs. STATE OF GUJARAT
LAWS(GJH)-2021-1-7
HIGH COURT OF GUJARAT
Decided on January 06,2021

Javed @ Javo Basir Kasam Malek Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

A.P.THAKER,J. - (1.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent - State through Video Conferencing. Rule. Learned APP waives service. With the consent of the parties, the matter is fixed for hearing forthwith.
(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I-59 of 2019 registered with Padra Police Station, District-Vadodara Rural for the offences punishable under Sections 153A, 294B, 295A, 298, 504, 114, 124A and 120B of the Indian Penal Code.
(3.) Mr.Majmudar, learned advocate appearing for the applicant submits that in view of earlier order passed by this Court in Criminal Misc. Application No.7396 of 2020 on 7.7.2020, the applicant approached the trial Court by filing Criminal Misc. Application No.2358 of 2020, which has been dismissed by learned Sessions Judge at Vadodara, observing therein that due to pandemic situation, physical functioning of the Court could not be concluded within four months from the date of order of this Court. He further submitted that present applicant has not made the video and allegation against him is that he has made the video viral. He also submitted that antecedent against the applicant is regarding Prohibition offence and one under Section 323 of IPC. He also submitted that till today, charge is not framed and the applicant is in jail since 8.10.2019. Learned advocate for the applicant further submits that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on any stringent conditions and he will abide by such conditions.;


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