- (1.)RULE. Learned APP, Mr. Ronak Raval waives service of notice of Rule on behalf of respondent-State.
(2.)By way of the present successive application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being I-CR No.11821025200259 of 2020 registered with Katvara Police Station, District- Dahod for the offenses punishable under Ss. 394 and 395 of the Indian Penal Code,1860 ( IPC ..
(3.)Learned advocate appearing for the applicant submitted that Co-accused i.e. Nareshbhai Masulbhai Ninama and Arjunbhai Lakhiyabhai Damor have been released by the Trial Court, Dahod vide judgment and order dtd. 12/10/2020 passed in Criminal Misc. Application No. 595 of 2020 and judgment and order dtd. 14/10/2020 passed in Criminal Misc. Application No. 645 of 2020 respectively. Lastly, it is urged by the learned advocate for the applicant that considering the aforesaid aspects of the case, the applicant may be released on bail. It is submitted that the accused Arjunbhai from whom the cash amount of Rs.2,000.00 as well as stolen motorcycle was recovered and the accused Nareshbhai from whom the cash amount of Rs.7,300.00 has been recovered are enlarged on bail by the Trial Court. He has submitted that the present applicant- accused has been denied the bail by the trial Court since he is the only accused who has been identified during Identification Parade. He has submitted that the TI parade has not been carried out as per the law and the same is doubtful. He has submitted that so far as the progress of trial is concerned, not a single witness has been examined and the applicant is incarcerated in jail since 18/8/2020.