IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5351 of

2022 ==========================================================

MOHAMMED SARF-E-AALAM Versus STATE OF GUJARAT ==========================================================

Appearance:

MR SHAAN M MUNSHAW(10825) for the Applicant(s) No. 1 MR BM MANGUKIYA(437) for the Respondent(s) No. 1 MS BELA A PRAJAPATI(1946) for the Respondent(s) No. 1 MR BHARGAV PANDYA, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 09/02/2024

ORAL ORDER

1. Criminal Misc. Application no.5351 of 2022 came to be withdrawn on 13.1.2023. Withdrawal of the application was allowed with a liberty to file a fresh application if the trial does not conclude within a period of six months.

2. Today the matter has been placed before this Court with a report of learned 3rd learned Additional Sessions Judge, Bharuch dated 23.6.2023. The learned Sessions Judge has prayed for extension of time at least for a period of one year.

3. The order dated 13.1.2023 passed in Criminal Misc.

Application no. 5351 of 2022 is with a direction to the learned Trial Court to frame the charge and record the evidence and to conclude the trial within a period of six months from the date of the order. Learned advocate for the accused as well as the learned Public Prosecutor were directed to cooperate with the trial. Further liberty was granted to the applicant to take recourse as per the provision of law and was granted opportunity to give appropriate application after six months. The Court had not entered into merits of the case. The report of the learned Sessions Judge notes that he had taken charge on 22.5.2023 and the matter came up on board on 5.6.2023 and after taking the matter on board, on verification and perusing the Rojnama, the learned Sessions Judge found that the Muddamal which was sent to FSL has not been returned nor any report has been submitted. The learned Judge found that there was a letter communicated to the District Government Pleader on 3.12.2022 as well as the communication to Police Inspector, Waghra Police Station, Bharuch intimating to send the Muddamal from the FSL. The learned Sessions Judge thereafter too had informed the Police Inspector, Waghra Police Station to submit Muddamal with the report on or before 10.2.2023 and the predecessor Judge while quoting the order of this Court dated 13.1.2023 had passed an order below Exh.1 on 20.3.2023 directing to deposit/produce the Muddamal before the Court on or before 5.4.2023. The learned Sessions Judge has stated that he has not received Muddamal sent to Surat and Gandhinagar FSL. Thereafter too, communication was addressed to Police Inspector, Waghra Police Station, Bharuch requesting him to deposit the Muddamal along with the report. The District Government Pleader, Bharuch has also appraised the Police Inspector, Waghra Police Station, Bharuch of the difficulties faced by the Court for want of Muddamal and FSL report. The learned Judge thus has concluded that he would make all sincere efforts to complete the matter at the earliest upon receipt of Muddamal and FSL report. The learned Judge is also in-

charge of Special Courts like POCSO Court, NDPS Court and Special Court for the offence under the Land Grabbing Act and thus, stated that the trial of Sessions Case no.81/21 may take some time and in that circumstances, requested for extending the time for a period of one year.

4. The FIR is of 10.6.2021. The applicant-accused had come before this Court for bail. Considering the seriousness of the matter and the length of the jail period of the accused, this Court had instructed the learned Trial Court to conclude the matter within a period of six months. The learned Sessions Judge is awaiting the report of the FSL and the learned Judge has not even informed in the report as to whether any charge has been framed.

5. It is