The court may exercise its discretion to grant bail to an undertrial prisoner when the trial is delayed, a large number of witnesses remain to be examined, and parity exists with co-accused who have already been released.

O R D E R

1. The petitioner has been denied regular bail by the High Court in connection with FIR being C.R. No. 11191044230339 of 2023 registered with the Ghatlodiya Police Station, Ahmedabad for the offence punishable under Sections 302, 307, 394, 323, 504, 34, 114 and 201 of the Indian Penal Code, 1860 (for short, “IPC”), respectively and Section 135 of the Gujarat Police Act. 2. It appears that upon completion of the investigation, chargesheet was filed against the present petitioner and two other co-accused. The filing of the chargesheet culminated in Sessions Case No. 129 of 2024 pending as on date in the Court of 5^th Additional Sessions Judge, Ahmedabad.

3. We heard Mr.Saurabh Gupta, the learned counsel appearing for the petitioner and Ms. Swati Ghildiyal, the learned counsel appearing for the State of Gujarat. 4. We take notice of the fact that the petitioner is in custody as an under trial prisoner since 2023. It is true that time was consumed by the petitioner himself in engaging his defence counsel and that probably has led to delay in the commencement of the trial. However, prima facie it appears that there was an altercation between the deceased and the accused persons and in the course of the altercation the petitioner is alleged to have gone inside his house and picked up a stick and hit a blow on the head of the deceased.

5. Having regard to the genesis of the occurrence and the fact that not a single witness has been examined so far, trial may take a considerable long period of time before it is concluded.

6. We are informed by the learned counsel appearing for the State that prosecution intends to examine as many as 40 witnesses.

7. Besides, the other co-accused have already been enlarged on bail.

8. In the overall view of the matter, we are persuaded to exercise our discretion in favour of the petitioner. We order that the petitioner be released on bail forthwith, if not required in any other offence subject to terms and conditions that the Trial Court may deem fit to impose.

9. In view of the aforesaid, the Special Leave Petition stands disposed of.

10. Pending application(s), if any, stands disposed of.