S.G.SHAH,J - (1.)RULE. Ms. Moxa Thakkar, Ld.APP waives service of rule for the respondent - State.
(2.)The petitioner has surrendered before the Court of Addl. Chief Judicial Magistrate with reference to Sessions Case No.83 of 2015 registered for the offences under sections 302, 307, 341, 201, 465, 468, 471, 485, 34 and 120 -B of the Indian Penal Code [IPC] with sections 25[1][a], 27[1] and 27[3] of the Arms Act, so also under section 135 of the Gujarat Police Act, which was registered with Dungari Police Station as C.R. No. I -12/2009 on 31/3/2009, pursuant to withdrawal of Criminal Misc. Application [For Anticipatory Bail] No. 13801/2015 on 30/10/2015. The Addl. Chief Judicial Magistrate took the petitioner in judicial custody on 2/11/2015 and upon submission of remand application by the Investigating Officer, remand of the petitioner was granted upto 7/11/2015, which was extended upto 9/11/2015. Thereafter, the petitioner moved Misc. Criminal Application No. 912/2015 before the Sessions Court at Valsad, for regular bail, which was rejected by the Ad -hoc Addl. Sessions Judge, Valsad, vide order dated 30/11/2015. Hence the present application is filed before this Court.
(3.)Though the incident and FIR is dated 31/3/2009, the first arrest of one Nasar Ahmed Bahmusa - petitioner in Criminal Misc. Application No. 15010/2015 is only on 8/4/2015 i.e. after six years. So also the arrest of remaining accused being petitioners in Criminal Misc. Application No. 14123/2015, namely Ahteshamudin alias Bhurio Nazimudin Kazi, Wasimudin Nazimudin Kazi and Ijharudin Nazimudin Kazi, is only on 28/4/2015 and thereby it is also after six years of the incident. However, such delay is not attributed to the accused themselves and, therefore, any attempt at any stage to say that the accused is head strong person and could not be arrested for six years, is not the correct situation, which is to be kept in mind while deciding such applications. Before discussing the rival submissions and deciding the applications, it would be appropriate to scrutinize that what happened on 31/3/2009 and thereafter, till the arrest of the present petitioner.