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2024 DIGILAW 825 (SC)

Abdulmajid Abdulsattar Memon v. State of Gujarat

2024-08-27

ABHAY S.OKA, AUGUSTINE GEORGE MASIH

body2024
JUDGMENT : 1. Heard the learned counsel appearing for the parties. 2. Leave granted. 3. The appellant has been in custody for last more than 01 year and 03 months. On 22nd November, 2023, Special Leave Petition filed by the appellant against an order rejecting bail was not entertained by this Court by observing that at that stage, no case was made out to enlarge the appellant on bail. After 22nd November, 2023, there is no progress in the trial. Even, charge has not been framed. The antecedents of the appellant are pressed into service. Out of 14 cases, we find that in 09 cases, either the appellant has been acquitted or the offence has been quashed. 4. It is not in dispute that the case is a Magistrate triable case. In our view, the High Court ought to have granted bail to the appellant. 5. Accordingly, we direct that the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions, till the final disposal of the trial. 6. The Appeal is, accordingly, allowed.