ORDER :

1. By way of present successive bail application filed under Section 439 of the Code of Criminal Procedure, 1907, (hereinafter referred to as ‘the Code’ for short) the applicant, who is the under trial prisoner, has prayed to release him on regular bail in connection with F.I.R. registered at C.R. No.I - 218 of 2013 with Chandkheda Police Station, District Ahmedabad, for the offences punishable under Sections 376(2)(f), 377, 354, 357, 342, 346, 506(2) and 120(B) etc. of the Indian Penal Code.

2. Present successive bail application has been filed mainly on the three grounds viz. (i) the applicant is behind bar since 14.10.2013, (ii) he is aged about 84 years and is suffering from various ailments and (iii) completion of trial will take more time.

3. The matter was listed for hearing on 29.10.2021 for the first time before this Court in view of the fact that first bail application, which was filed by the applicant under Section 439 of the Code, was decided by this Court vide order dated 05.01.2015 passed in Criminal Misc. Application (for Regular Bail) No. 11220 of 2014 with Criminal Misc. Application No. 16823 of 2014 and the same was dismissed by a reasoned order.

4. On 29.10.2021, the following order was passed:

“Leave to join the Superintendent, Jodhpur Central Jail, Jodhpur, Rajasthan as party – respondent No.2.

Rule returnable on 26.11.2021. Learned Addl. Public Prosecution waives service of rule on behalf of respondent No. 1 – State. Direct service for respondent No. 2 is permitted. In additional to direct service, the applicant is permitted to serve the respondent No. 2 through e-mail.

The respondent No.2 – Jail Superintendent, Jodhpur Central Jail, Jodhpur is hereby directed to produce latest Medical Certificate with regard to the ailment of the applicant through Addl. Public Prosecutor.”

5. On 26.11.2021, the applicant and the respondents were directed to file an affidavit and produce material with regard to ailment of the applicant.

6. The matter was listed on 03.12.2021 and affidavit was filed on behalf of respondent No. 2 – Superintendent, Jodhpur Central Jail, Rajasthan. Learned advocate appearing for the applicant requested for time to file affidavit-in-rejoinder to the same. Accordingly, the matter was listed today.

7. Mr.N.D.Nanavaty, learned Senior Advocate assisted by Mr. Dipak Patel learned advocate for the applicant, would submit that since the earlier application for regular bail was rejected on merits by this Court vide order dated 05.01.2015 and the said order has been confirmed by the Hon’ble Apex Court by order dated 15.07.2019 passed in Petition for Special Leave to Appeal (Cri.) No. 6459 of 2016, he would not like to argue the case on merits again.

8. Mr.N.D.Nanavaty, learned Senior advocate, would submit that the applicant is aged about 84 years and behind the bar since more than 8 years and has never been released even on temporary bail. He has taken me through the affidavit filed by the State of Gujarat, wherein, it was declared that the trial is going on; however, the trial has not yet completed and the applicant has to remain behind the bar for more than eight years. He would submit that it is not sure that how much time would consume since the prosecution is supposed to examine more than 30 witnesses. He, therefore, would submit that the application may be considered.

9. In support of the bail application, he has placed reliance on the latest orders passed by the Hon’ble Apex Court and details of which are as under: