( 1 ) ON 18-12-2003 this Court had allowed present misc. Criminal Application No. 9580 of 2003 and released all the applicants- accused on certain terms and conditions. The order dated 18-12-2003 reads as under : misc. Criminal Application No. 9580 of 2003 is filed by the seven accused- petitioners for regular bail in connection with the offence registered against them as C. R. No. 1-60 of 2002 with Visnagar Police Station. 1. 1 Misc. Criminal Application No. 9785 of 2003 is filed by Mohammad iqbal Khan Ahmed Khan Bloch, original complainant in above Misc. Criminal application No. 9580 of 2003 opposing the grant of regular bail to the accused- petitioners. 1. 2 Ordinarily, this Court does not entertain such application filed by the complainant, but in the interest of justice, Mr. Malkan appearing for original- complainant was heard. Seven accused-petitioners had earlier filed joint Misc. Criminal Application No. 6304 of 2002 before this Court. It was dismissed on 13-9-2002 without assigning any reasons on merits as learned Counsel for the accused-petitioners had not pressed for the reasons. However, request made by the learned Counsel for the accused-petitioners to expedite the trial was granted as out of 50 accused persons, only seven accused-petitioners were kept in jail since 28-2-2002 and learned Sessions Judge, Mehsana was directed to transfer the Sessions Case if it was ready, to the Fast Track Court for deciding the case as early as possible and Investigating Officer was directed to keep all the witnesses present at the time of trial. Accordingly, the recording of the evidence of prosecution witnesses was over and the statements of the accused under Sec. 313 of Cri. P. C. were also recorded. However, the trial could not be over because of the stay granted by the Apex Court on a petition filed by Shri Yusuf Khan muradkhan Pathan, as stated at the Bar. 1. 3 However, the fact remains that though the trial is almost over, the final judgment could not be pronounced by the learned trial Judge because of the stay granted by the Honble Apex Court and because of that, 7 accused (1) 1991 (1) GLR 198 (SC) : AIR 1991 SC 56 petitioners are in jail since 28-2-2002 i. e. , for a period of almost two years. During this period, when the witnesses were examined before the trial Court during the trial, no complaint whatsoever is made against 43 accused persons who are already enlarged on bail and the present 7 accused petitioners who are not enlarged on bail of either threatening the witnesses or tampering with the witnesses. In this view of the matter, I am of the considered opinion that the petitioner-accused are now required to be enlarged on bail if they are kept in jail any more than it would amount to punishment without trial. 1. 4 Before parting, I must state that learned A. P. P. , Shri Kodekar for the respondent-State brought to the notice of the Court that during the pendency and final disposal of this bail application, Yunusbhai Alibhai stated before the police on 8-12-2003 that he has an apprehension to his life if the petitioner- accused are released on bail, but at the same time, Shri Yunusbhai Alibhai has stated in his statement before the police that so far as he has not received threats from any corner. 1. 5 Under the circumstances, I am of the considered opinion that when personal liberty of a person is at a stake, then on mere apprehension, without any foundation, expressed by the complainant, the accused persons cannot be kept in jail for a longer period, if it is done, then it violates provisions of art. 21 of the Constitution of India. 1. 6 Under the circumstances, in view of the changed circumstances, present bail application i. e. Misc. Criminal Application No. 9580 of 2003 is required to be allowed by imposing stringent conditions so that the accused may not misuse their liberty. 1. 7 Accordingly, Misc. Criminal Application No. 9580 of 2003 filed by the present accused-petitioners is allowed and