Shamji @ Shamo Ranchod Fatak (Patel) vs. The State Of Gujarat

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2820 OF 2024 (@ SLP(CRL.) No.6324/2024)

SHAMJI @ SHAMO RANCHOD FATAK (PATEL) APPELLANT(S)

VERSUS

THE STATE OF GUJARAT RESPONDENT(S)

O R D E R

1. Leave granted.

• 2. The appellant has been under incarceration for more than three and a half years. Now the case is at trial stage. Few of the eyewitnesses have already been examined.
• 3. Considering the aforesaid fact, we are inclined to set aside the impugned order by granting bail to the appellant.

4. In such view of the matter, the impugned order is set aside and the appellant is granted bail, subject to the conditions that may be imposed by the Trial Court.

• 5. Taking into consideration the fact that the High Court has already issued a direction to expedite the trial, the Trial Court is directed to do so within a period of six months from today.
• 6. The appeal is, accordingly, allowed.
• 7. Pending application(s), if any, shall stand disposed of.

……………………………………………………J. [M.M. SUNDRESH]

……………………………………………………J. [ARAVIND KUMAR]

NEW DELHI; 8 th July, 2024

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6324/2024

(Arising out of impugned final judgment and order dated 03-04-2024 in CRLMA No. 6193/2024 passed by the High Court of Gujarat at Ahmedabad)

SHAMJI @ SHAMO RANCHOD FATAK (PATEL) Petitioner(s)

VERSUS

THE STATE OF GUJARAT Respondent(s)

Date : 08-07-2024 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR
• For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv. Mr. Dilip Annasaheb Taur, AOR Mr. Yeshwant J Patil, Adv.
• For Respondent(s) Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Ms. Abhipsa Mohanty, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The relevant portion of the order reads as under:-

'In such view of the matter, the impugned order is set aside and the appellant is granted bail, subject to the conditions that may be imposed by the Trial Court.'

The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)

ITEM NO.33 COURT NO.13 SECTION II-B