19-06-2026 - COURT OF HON'BLE MR. JUSTICE A.Y. KOGJE, GUJARAT HIGH COURT

[00:00:11]Vacation allowed.

[00:00:16]Special ones. Sale number one. CA 6139 Garden of Freedom.

[00:00:21]Mr. Nitin and Amin. Personal 1.12.1324.

[00:00:24]File leave note.

[00:00:27]For Mr. Amin.

[00:00:28]>> Yes.

[00:00:29]>> Do you have any objection?

[00:00:31]>> Yeah.

[00:00:31]>> No objection.

[00:00:33]We'll conduct the hearing.

[00:00:38]Vacation allowed.

[00:00:40]All the time.

[00:00:41]We'll record your concession.

[00:00:43]>> Yes.

[00:00:48]>> Now you can fall in the subject of bail.

[00:00:52]>> Yes, page number by granting the bail manners. Page number 24.

[00:01:02]Page number 25.

[00:01:03]>> But how will it fall?

[00:01:06]In the within the jurisdiction of bail to disburse the amount. It's a condition of bail. It becomes part of the uh trial now.

[00:01:15]>> Earlier the law said we have the applicant is approved before your lordship.

[00:01:19]Then page number 32 in my lordship's submission.

[00:01:22]32.

[00:01:25]Oh.

[00:01:26]>> That's precisely what page number?

[00:01:28]>> 32, ma'am.

[00:01:29]>> That's precisely what I've said that you have to go to the >> There I have gone, ma'am.

[00:01:33]>> Correct.

[00:01:34]>> Same is rejected.

[00:01:35]>> Correct. Then you challenge that order.

[00:01:39]>> [clears throat and cough] >> Pardon?

[00:01:52]First you answer this query. That how this will fall. Disbursement of this amount which is ordered to be deposited voluntarily as a condition of bail can be subjected to disbursement without deciding any apportionment or any how much amount is to be paid. How does How does that calculation come?

[00:02:14]>> If before the trial court proceeding there is the application page number 30 >> If you are agreed by that, if you are agreed by the order can I in this because I have decided the bail application can I decide the challenge to the order of this of the trial court?

[00:02:35]And this is purely beyond the jurisdiction of bail court.

[00:02:43]>> It makes sense, my lord.

[00:02:44]>> It makes sense.

[00:02:46]Mention before I rose.

[00:03:06]>> Hello my lord.

[00:03:08]Yeah, my lord.

[00:03:09]Yeah.

[00:03:10]4714 in writing 4.561 Yes, madam.

[00:03:18]condition modification >> I know.

[00:03:21]What is 561 my lords and I do not have the copy of the application.

[00:03:25]>> Yes.

[00:03:26]>> My lords my lords >> Signal adjourned, okay.

[00:03:37]>> Really?

[00:03:37]>> [clears throat] >> I don't >> I don't know the Yeah, number 538 below.

[00:03:42]I showed this to >> custody left custody left matter my lords Uh my lords last order will final page number 104 my lords. It was by >> You mean the status of trial?

[00:03:55]>> The final arguments.

[00:03:55]>> Final arguments of three accused remaining. That has been kept on 22nd and 23rd of December.

[00:04:01]>> Final arguments have been pending since last May, my lords. My final argument as being the petitioner was decided in last >> Okay.

[00:04:07]>> finished in >> You went and convinced your I don't know other advocates to complete the argument.

[00:04:12]>> trying. There are applications from yesterday. So far we got them >> But at the end of the trial, final arguments court is not inclined >> other side, but I But from the delay in trial, parity is also I'm seeking also parity on the order because people who had a graver role than me had also >> I'm not hearing it on my headset, though.

[00:04:30]>> Very well, very well, my lords, but final arguments have been for the past 1 and a 1 year and 2 months it's been on final arguments. We don't know when it will >> That will not lie at the doorstep of the prosecution.

[00:04:40]>> And Supreme Court is also by order dated 22/9 had set a limit of 4 months from 22/9. That got over on the January. That liberty, my lords, was placed to be me also at page number 104.

[00:04:55]And since that liberty And since that time period got over this application came to be filed, my lords. That after seeing that liberty and still no progress since the order of that honorable Supreme Court, my lords.

[00:05:12]I Therefore, I would inform my lords if my lords may exercise the discussion. Otherwise, I also have orders of other courts is also and the examination of the injured witness because two people had died in >> At the end of the trial, court is not inclined.

[00:05:30]When I can keep it up to 2 weeks. Wait it on completion.

[00:05:35]>> Yes, my lords.

[00:05:37]>> Okay, my lords. Serial number six also co-accused.

[00:05:40]>> I don't appear in that matter, my lords.

[00:05:42]>> 1 day or some days.

[00:05:44]>> 1 day temporary bail. 1 day he was later his mother his sister >> Temporary bail was granted.

[00:05:49]>> Whose arguments still pending they were the main accused they are arguing before the court they are not they are not no they are they are in custody they have not filed any application that is pending before my lords right now I am a police constable whose file is before my lords.

[00:06:07]>> Well it's for matter at serial number six Mr. Sayed is appearing on that's my point.

[00:06:14]>> The end of the trial madam.

[00:06:20]Give me the report three arguments of three accused are pending that's all.

[00:06:27]>> And it is kept on 22nd and 23rd.

[00:06:37]>> Well it's since uh >> Yes Mr. Sayed.

[00:06:44]>> My lord I'm appearing for Mr. Jain in item six.

[00:06:49]>> Please introduce.

[00:06:52]>> Yes end of trial arguments on behalf of the accused.

[00:06:57]>> Yes my lord.

[00:06:59]>> What do you have to say?

[00:07:01]>> My only thing is the date of arrest is February 18th February 21.

[00:07:10]So it's almost five and a half years I'm in jail.

[00:07:14]Now that is long incarceration is the ground plus I would be my lord submitting one order of the Supreme Court my lord which my friend would be supplying.

[00:07:40]My lord we filed this application and this was decided 27th April 2006.

[00:07:45]The team viewed in the impugned is an interim order whereby notices were issued fixing 27 3 so and so for consideration.

[00:07:57]Pardon me, Lord.

[00:07:58]>> Referring to Sayed Iftikhar's order?

[00:08:00]>> No, no, my Lord. I'm my If my Lords are having that, my Lords may take up that. I'll just go on that also.

[00:08:08]Kindly have a look. Para 31 of this Sayed Iftikhar.

[00:08:12]My Lord, K. Najib is a three-judge bench judgment wherein an accused was my Lord in jail for more than 5 years.

[00:08:22]He was granted bail despite UAPA, my Lord.

[00:08:26]And by three-judge bench. Now, subsequently in Gulfisha Fatima, the court said even the role is required to be seen.

[00:08:36]Then, my Lord, after that, there is a judgment of this Sayed Iftikhar which says only long incarceration since Najib's judgment is a three-judge bench judgment. So, that is to be relied upon by two-judge bench judgment and there can't be any departure from that. Now, please see para 31, my Lord, of Najib's judgment of Sayed Iftikhar's judgment.

[00:08:59]>> As your your client is concerned, >> Please.

[00:09:02]>> Court has already decided it on merits and because the role also.

[00:09:08]>> Please. Therefore, I'm I'm I'm I'm my Lord.

[00:09:11]>> The only thing that is available to you is the uh delay in the trial.

[00:09:17]>> That is all, my Lord. That is what I'm That is what I'm arguing.

[00:09:20]>> Therefore, I came straight to the question that when it's at the end of the trial when two advocates for the defense are not completing that argument, can the the fault lie at the doorstep of the prosecution?

[00:09:35]>> No, my Lord. Please see. therefore, I'm saying Now, please see K. Najib. My lords may see Najib's judgment, 2021 3 SCC. That may be the the answer to what my lords are saying, my lord.

[00:09:50]Para 18 be seen first in Najib's 2021. My lords are having it, my lord.

[00:09:56]>> Mhm.

[00:09:57]>> 3 SCC >> Yes, yes.

[00:09:59]>> 713 >> Yes, please.

[00:10:02]>> Now, please see para 18.

[00:10:09]Adverting to the case at hand, we are conscious of the fact that the charges leveled against the respondent are grave and a serious threat to the societal harmony. Had it been a case at a at the threshold, we would have outrightly turned down the respondent's prayer.

[00:10:26]However, keeping in mind the length of period spent by him in custody and the likelihood of the trial being completed anytime soon. Kindly mark this, my lord.

[00:10:36]Anytime soon.

[00:10:38]The High Court appears to have been left with no other option except to grant bail. An attempt has been made to strike a balance between the appellants to lead evidence of his choice and establish charges beyond doubt. Simultaneously, the respondent's rights guaranteed under so and so have well been protected.

[00:10:55]So, my lord, here is also the same case that the trial is at a end.

[00:11:01]The arguments are going on. It is not yet completed. It is more than 5 and 1/2 years, my lord, I have undergone. I'm in jail. And, my lord, this I'm covered by this paragraph, which is then, my lord, relied upon in Syed Iftekhar's judgment of 2026.

[00:11:19]And those paras are, my lord, para 40, if my lords may see. The in in in Iftekhar's judgment >> Yes.

[00:11:31]>> Now, please see para 40.

[00:11:36]>> Mhm.

[00:11:37]>> Because there were subsequent two two judges bench judgment, Milord, which said that role is to be seen. So, the court has dealt with that. Para 40, we do not join want to join any issue any further with two judge bench either in Gurvinder Singh or Gulfisha Fatima. They as noted supra, Gurvinder Singh has been explained in Sheikh Javed Iqbal and in Javed Ghulam Nabi Sheikh reiterated in Arvindam. This court has categorically held that Article 21 applies irrespective of the nature of the offense. Ideally, more serious the accusations are, the speedier trial should be. However, we need to keep in mind one important overriding consideration that and we reiterate while Gurvinder Singh and Gulfisha Fatima are the benches of two honorable judges, K.

[00:12:26]Najib is a judgment of three honorable judges. It is evident from the reading of two judgments in Gurvinder Singh and Gulfisha Fatima that two judge bench has made a clear departure from the ratio laid down in K. Najib. Judicial discipline and certainty demands that benches of smaller strength are mindful of the decisions rendered by larger benches.

[00:12:45]>> They're not concerned.

[00:12:46]>> Please, Milord.

[00:12:47]>> I am finding >> I would be relying, Milord, on on Najib's judgment, Milord, which is then relied upon by two judge bench judgment because in between there were two judgments, Gurvinder and Gulfisha Fatima, which actually took a departure from a three judge bench judgment. Now, subsequently, Milord, it is dealt with that the reliance is placed on Najib's judgment. Now, Milord, my argument is that I am in jail since February 21, Milord. So, more than 5 years I have undergone. Even in Najib, Milord, in UAPA, which were more serious offenses, and Milord, the court has recorded that it is they they are a threat to the society. Then also the court said article 21 will come into play and since they have undergone more than 5 years, so irrespective of their roles, they are required to be released. And that was at the end of the trial.

[00:13:42]Here also there is on the and there we know the number of applications were moved.

[00:13:48]Number of applications were moved that is also recorded. And we know after that the court we know exercise discretion saying that yes, despite everything, despite number of number of attempts which were made to get bail failed and the >> gives judgment kindly point out that the trial was at the end.

[00:14:11]>> Yes, we know the >> it was not at the threshold.

[00:14:13]>> Yes, yes, yes, we know please see para 18. It say it says so we know. The trial being completed anytime soon, para 18.

[00:14:21]Para 18 my lords may see some five, seven lines from the top.

[00:14:25]>> However, keeping in mind the length >> Para 18 we know in in we know Najib's judgment, para 18.

[00:14:32]Kindly kindly read it we know.

[00:14:34]I'm sorry we know I could not point it out. Had it been a case at the threshold, we would have outrightly turned down the respondent's prayer.

[00:14:44]However, keeping in mind the length of period spent by him and unlikelihood of the trial being completed anytime soon, So therefore we know that in any case we know I have undergone more than 5 years, 5 and 1/2 years. The trial is prolonging we know. The the other accused are arguing there were applications made we know. We know what today I'm seeking is bail. Article 21 will certainly end and we know please see when has when the trial when the arguments have started. The arguments have started on 8th of May 2025.

[00:15:25]That is a relevant factor, my lord. 8th of May 2025. There was a closing process in April 25. The arguments got started in May 25. And my lord, after May 25, we are my lord in June 26, my lord.

[00:15:42]More than 1 year, the arguments are going on.

[00:15:46]And my lord, number of applications were moved. For whatever reason, the trial is delayed. And that can't be attributed to me, my lord.

[00:15:53]So, my lord, in that case, since I have undergone more than 5 years, so my lord, my lords may exercise discretion.

[00:16:01]>> Okay.

[00:16:04]>> Yes, for the state.

[00:16:18]>> What does it say?

[00:16:19]>> My lord, kindly see the second paragraph of the internal page three, my lord.

[00:16:25]>> Mhm.

[00:16:26]>> Your lordship, the charge is framed before the sessions court of Pushpavati has been Now, the matter is kept on 22nd June 2026, my lords.

[00:16:41]And so far as the all three are accused are concerned, earlier also filed the report. The delay is on the part of the accused of number eight to 10.

[00:16:49]Therefore, the trial was not possible.

[00:16:51]Second thing, so far as the present applicant is concerned, my lords, his application is rejected on merit by this honorable court. Thereafter, thereafter, he filed the appeal before the honorable Supreme Court. And honorable Supreme Court has granted the liberty. That is, if the trial is not in a progress within a 4 months, then he is liberty to file a fresh before this honorable court. That is the order of the honorable Supreme Court.

[00:17:13]Now, my lords, my submission is that the now the trial is, my lords, is about to complete my lords.

[00:17:20]>> Okay.

[00:17:21]>> One thing I would certainly point out my lord.

[00:17:24]>> In rejoinder.

[00:17:25]Wait for your rejoinder.

[00:17:26]>> Yeah, please please please my lord.

[00:17:29]>> Now lordship my kindly see the judgement of the this honorable court earlier also considered on merit and therefore there is no discussion regarding the merit. It is already dismissed. Now my lords may kindly see the order of the honorable Supreme Court.

[00:17:41]At that point of time the trial was lordship when my lords are deciding the application at that point of time the the argument regarding the accused number 9 to 10 was not completed. They were not argued and now the trial is in progress.

[00:17:56]After the order passed by this honorable court the argument of all the three accused were completed and now it is at the for the judgements only my lords. So lordship my kindly keep it after 20 second. Now then fact >> We are not there.

[00:18:08]>> I'm just taking >> You don't want the judgement.

[00:18:10]>> No, I'm not asking for the adjournment but now the trial is lordship about to complete.

[00:18:15]Therefore my request is lordship may not grant the bail.

[00:18:19]>> Only thing only one one aspect I'll point out my lord.

[00:18:23]>> Wait wait wait.

[00:18:24]Wait.

[00:18:40]>> What my friend is is given >> Now at page 16 in this compilation of it.

[00:18:54]>> Yes.

[00:19:03]>> By accused number 8 9 10.

[00:19:09]>> Mhm.

[00:19:10]>> Then now on lordship on next page.

[00:19:12]>> That That recall went up to Supreme Court.

[00:19:15]>> Lots of it. Now, in the next page in this application in month of April 2026 Okay.

[00:19:22]Page seven, page paragraph three, last line.

[00:19:32]Therefore, when the accused number eight and 10 are filing different applications, the accused number one and one to seven >> They are not objecting.

[00:19:40]>> They are not objecting that and therefore, lordship, they cannot say that because of them I should get bail.

[00:19:47]Lordship, and recently the the coordinate bench where the accused was in jail from 2017 and in month of April 2026 >> Same case?

[00:19:59]>> No.

[00:19:59]>> Same case?

[00:20:00]>> No, not same case. The coordinate bench has taken a decision in 2020 April 2026 that he if considering the seriousness of that yeah, bail may not be granted.

[00:20:14]And not this case, but it this is the case decided in April 2026 where the accused were in custody from 2017.

[00:20:23]Even then the >> Okay.

[00:20:29]>> Lordship, therefore, submit.

[00:20:32]>> Please see, milord, 56.

[00:20:36]>> Don't look so surprised. We are not hearing your matter.

[00:20:42]Yes, miss.

[00:20:43]>> Please see for page 56 of the compilation, milord.

[00:20:47]Page 56, there is, milord, a co-accused. On this ground itself, he was granted bail on 13th of June. Please see. Last line of this Last line.

[00:21:03]>> Mhm.

[00:21:04]>> Last two lines. All witnesses are been and trial is at the stage of arguments of the accused persons, my lord. 56 last two lines.

[00:21:13]>> Got it.

[00:21:14]>> And those specific direction was passed by this court. At that time liberty was reserved in favor of the applicant and submissions made by the prosecution that 10 12 witnesses are left out. And the direction was passed to expedite the trial within two months on day-to-day basis on 16 1 25. Since six months have passed by no progress of the trial is there.

[00:21:35]Uh he has also that there is no possibility to tamper with the evidence.

[00:21:38]Also applicant police inspector so and so. And then 5.0. At the outset, it is worth to mention that the present is successive bail application. Earlier similarly situated co-accused persons are considered by this court as well as honorable Supreme Court. The applicant is in custody on since 20th 1 2021.

[00:21:56]Trial is at the stage of completion and all witnesses are examined and now nothing is required to be recovered or discovered from the accused. Therefore, therefore question does not arise to tamper. It is true that the present is a successive bail application. No change of circumstance except delay in trial. My lord, this this para actually squarely covers my case, my lord. This is not a case where delay is caused due to non-cooperation on the part of the accused. Other accused were there in that case also.

[00:22:27]The applicant has throughout cooperated in the trial and similarly situated accused are enlarged on bail ground of parity. Though appreciation of evidence is not permissible without discussing further merit deserves consideration.

[00:22:40]And then, my lord, trial day-to-day basis and so and so. So, my lord, even this case, my lord, he is granted bail because there was a specific direction passed in 2025 to conclude the trial. And since that was not, my lord, done, that this honorable court was pleased to consider a co-accused.

[00:23:00]Now, this is the order passed in this very my lord case. This very FIR. And this is irrespective of the role of the accused my lord.

[00:23:12]It is only on on delay. It is only though there also there were number of applications. There were successive applications after applications.

[00:23:21]So, my lord, in view of that, I would be honestly requesting my lords that I have undergone more than 5 years the trial.

[00:23:29]>> That we have understood.

[00:23:30]>> Please, grateful my lords.

[00:23:39]>> It was his defender.

[00:23:40]>> My lords, just >> He is relying on the >> Only one thing he is relying on the page 56 the order which is passed by this honorable court my lords. That order is of dated 13/6/2025.

[00:23:50]>> 2025.

[00:23:50]>> Thereafter this my this honorable court has rejected the application of the present applicant. That is dated 22/8/2025.

[00:23:59]Against that order he filed the appeal before the honorable Supreme Court. And now >> Against which order?

[00:24:04]>> Against the order page number six first order which is at page number 56 my lords.

[00:24:09]That is of dated 13/6/2025.

[00:24:12]>> That is some other accused.

[00:24:13]>> Yes, some other accused. Now he is relying to ask for the bail in on the same ground the honorable court has granted the bail to the co-accused my lords. Thereafter page 61 the this is the order of the present applicant that is dated 22/8/2025 my lord.

[00:24:28]That is after this order. After the order of the co-accused my lord. This order is challenged by the honorable Supreme Court.

[00:24:34]>> The 22/8/2025 order is also challenged by the >> By by the present applicant. Yes.

[00:24:40]>> Or that earlier order of 8/8/2025.

[00:24:43]>> There's a later order also my lord.

[00:24:45]>> The order dated within a minute my lord.

[00:24:49]The order page 63.

[00:24:51]>> Yes, correct.

[00:24:51]>> Yes, that order is of 8/8/2025.

[00:24:54]>> Correct.

[00:24:54]>> That order is challenged order before the honorable Supreme Court. The order is at page number 7.

[00:24:59]>> it. So it is before the order passed by this honorable before the honorable Supreme >> My later order has been confirmed by the >> Therefore, I'm saying that it cannot be relied.

[00:25:10]>> Not inclined, Mr. Not inclined.

[00:25:14]Reason orders?

[00:25:16]Dismissed.

[00:25:18]>> I'm not seeking order in minus of it, but least >> Yours, we are adjourning after 2 weeks.

[00:25:24]Completely the arguments, please.

[00:25:28]>> My lords are my lord Uh my lords have dismissed it, my lord, I believe.

[00:25:34]>> Yes, Mr. Jain, you are We are seeking reason order.

[00:25:39]>> Very good.

[00:25:40]Please, my lord. I'm grateful, my lord.

[00:25:49]>> Reason number four Yes.

[00:25:58]>> Clearly, order of depositing money was passed in that order.

[00:26:01]>> Settlement?

[00:26:02]>> Yes.

[00:26:03]My lords Today, he has deposited further 50,000.

[00:26:07]The reason being that the complainant insists that entire amount has to be paid.

[00:26:12]He wants that installment. Today, he has deposited 50,000. Sending me the receipt.

[00:26:16]>> And ultimately, scope of settlement is there.

[00:26:19]>> Our interest was that if ultimately the entire thing is settled, then this would also be a >> Yes, the only >> keep it pending so that you can >> Yes, that was the intention so that he can come and Uh now, he >> Who is representing him?

[00:26:33]>> No, he's not appearing. That is what I'm I'm pointing out. My client said that the other side says that unless you deposit the entire amount I will not give the consent. I will not be appearing. So he's depositing in the court. So today, he has deposited 50,000. So as on today, 670,000 >> Before the trial for >> Before the trial. So now, it is 670,000 out of the 10 lakhs that was being ordered by this honorable court.

[00:26:56]They have agreed to an amount of rupees 12 lakhs in all. So, the remaining amount he would deposit to me.

[00:27:02]>> lordship can make a statement that an amount of rupees >> Uh 600,000 till date uh 2 day 50,000 has >> 50,000 has been deposited with the trial court today as a part of the bail condition.

[00:27:14]And the fact that the settlement talks are going on with the complainant who has insisted for depositing of the entire amount agreed amount against the amount of rupees 10 lakh as a part of the condition. Amount of rupees 671,000 >> 70,000 has been >> 70,000 has been voluntarily deposited till date.

[00:27:36]SO2 after 3 weeks, please.

[00:27:39]Okay.

[00:27:42]I will take you there.

[00:27:44]Please.

[00:27:53]The number five here 1415 You please connect to high court.

[00:28:03]Four witness.

[00:28:04]>> My lord, yes. Last time I noticed before the four witnesses was remain. Now he also take one IO is only last time two punches, one doctor and IO. Four witnesses were there. Now last time I kindly peruse the last two line of the report. Now only the IO and the one doctor is remain.

[00:28:22]>> Who remain?

[00:28:23]>> My lord. And now matter is kept on 25th.

[00:28:29]>> Okay.

[00:28:29]>> My lord, from the four times doctor is not examined my lord.

[00:28:37]>> Third, we'll keep it on third then.

[00:28:40]>> Lordship.

[00:28:42]>> Today it is reported two witnesses are remaining to be examined.

[00:28:46]SO2 third.

[00:28:48]>> Okay. May I leave my lord?

[00:28:49]>> Yes.

[00:28:50]>> Please.

[00:28:51]>> Next date before the trial court is on 25th.

[00:28:55]>> No, sir.

[00:29:04]>> Number 664, number 7 >> Listen, successfully that means earlier info rejected by this honorable court.

[00:29:16]On 21st January 2021, thereafter he moved an SLC before the honorable High Court for same as being dismissed.

[00:29:24]And thereafter uh it is the granted a temporary bail on uh February 2024, and he remained absconded for a period of near about 500 days. Thereafter, he himself surrendered before the jail authority on August 2025.

[00:29:41]There are 97 witnesses are there. Out of 97, 20 witnesses have been examined in this last 10 months. None of the witnesses have been examined.

[00:29:49]Other uh main >> are examined.

[00:29:52]>> 130 only.

[00:29:53]>> 130 30 >> 130 130. And the main other all accused have been considered by the honorable High Court who have not considered the incarceration period. And main accused that is the Vishal Goswami who is having a more than 50 offenses uh is also considered by this honorable court.

[00:30:10]>> What are the nature of offenses against >> Nature of offense against against me three offenses have been uh three offenses against that Vishal near about 50 offenses.

[00:30:18]>> A matter of one speech >> My My My lord My lord would find that is in period 117.

[00:30:23]>> Nature of that offense >> One One is of 307, one is of robbery.

[00:30:30]>> And there is one >> Robbery robbery.

[00:30:32]>> Robbery >> Robbery with kidnapping.

[00:30:40]>> Yes, madam.

[00:30:42]>> Only 15 witnesses are examined, but this On page 42, I made an observation that against this person also 268 is there.

[00:33:12]>> Page 43 is the Supreme Court's order. No liberties reserved.

[00:33:15]>> No liberties are just confirmed by the honorable page 4 30.

[00:33:19]>> How do I come in, beta?

[00:33:20]>> Thereafter all the all accused have been considered below considered in custody superior as well as main accused is the accused of Swami.

[00:33:27]And on my part allegation is that I instructed the one of the accused who is not been arrested. He ordered to supply >> your role in the order.

[00:33:35]>> No, no, please disclose. Please disclose. Please disclose.

[00:33:37]Thereafter the >> Except for except for delay or long incarceration, that too will not apply to you because 500 days you have yourself absconded.

[00:33:46]>> During my absconding witness have been examined below. 299 proceeding below.

[00:33:50]>> So, that's an advantage to you.

[00:33:52]>> Uh below my kind of speech you appreciate since I I appeared I appeared before the jail authority on August 2025 below.

[00:33:59]More than 10 My mother was sick you know that and therefore Otherwise below my kind of speech you appreciate that near about now I'm in custody since 5 >> Please without any observation from the Supreme Court which has confirmed my order.

[00:34:15]>> Please >> The scope is limited when you say that if the other accused have been enlarged on bail, which is a subsequent development, correct? And long incarceration, two things are there.

[00:34:27]But I have discussed your role first.

[00:34:29]Other I have seen the other judgment where roles are not coming up, right?

[00:34:33]And second is that in your case the issue of you absconding for long period.

[00:34:38]This is One one week, two weeks, three weeks is all right, but 500 days is something.

[00:34:47]Yes, I know that parameter which you are arguing is also not applicable. That's what I want to say.

[00:34:53]>> Also annex custody certificate also take the period 86.

[00:34:58]In which now I have completed available files.

[00:35:03]In February it was 4 years and 8 months and 6 days.

[00:35:07]Now I have completed >> 5 years includes those 500 days?

[00:35:09]>> No, it's excluded. Therefore 86 days is a in the 86.

[00:35:15]>> And you know, what is not in time with your control?

[00:35:17]>> Your my client is still to be set as a only 13 witnesses have been examined. So will you let my client >> I'll expedite.

[00:35:24]>> Expedite and liberty will be given in the >> I'll expedite.

[00:35:28]>> Expedite some liberty may be given some time may be given. So because >> has not given liberty >> After some liberty may be given to After 6 years >> Even without that liberty I'm going to come, okay?

[00:35:40]>> After some some time, you know, requesting for some time. Therefore you know >> I'll expedite.

[00:35:45]>> Liberty is other in in case of uh file is not proceeded substantially I will give you liberty to file a fresh application.

[00:35:53]That may be helpful to me, you know, therefore >> If I stand up >> You don't have to run.

[00:36:07]>> How will it fall in bail jurisdiction?

[00:36:10]>> My sir, once the order by the order >> That order you have a different avenue where you have to challenge that order.

[00:36:15]>> In case of earlier >> Earlier I have held that now the amount is deposited. You know, you go to the trial court. And there is a process under which trial court can disburse.

[00:36:25]>> The trial court says since there is an order of High Court and High Court has not given liberty therefore I will not and High Court has not given liberty therefore I will not withdraw this amount. But I have in the order that you go to the trial court now.

[00:36:37]>> Yeah, no, no, after the after that we went to the trial court which we paid >> I know that. Now if the trial court says that the liberty is not re by the High Court then you challenge that order and that you can challenge in bail jurisdictions.

[00:36:49]And at least not before this court.

[00:36:52]>> But it may not happen that I will not come to this court therefore this application is filed.

[00:36:55]>> I will reserve liberty for you to challenge that order.

[00:37:00]Considering the fact that the issue of disbursement being an issue of trial and accordingly the applicant was relegated to the trial court by an order dated 8 bar 2 2023 whereupon the applicants have preferred an application before the trial court which came to be decided by a detailed order dated 28 2026.

[00:37:36]I stop.

[00:37:38]The order dated 28 2026 will not fall within the bail jurisdiction and therefore liberty is reserved in favor of the applicants to challenge the order before an appropriate forum. Challenge the order dated 28 2026 in criminal miscellaneous 8682 of 2025 before an appropriate forum.

[00:38:07]Court has not entered into public