(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the original appellant no. 40, praying for suspending the sentence of the applicant on any appropriate terms and conditions as may be deemed fit, just and proper by this Court in the interest of justice.
2. The matter was filed on 25.4.2012. The matter came up for consideration by this Court (Coram: Jayant Patel & Paresh Upadhayay, JJ) on 30.4.2012. The matter was adjourned to 3.5.2012. On 3.5.2012 it was adjourned to 14.6.2012. On 14.6.2012, this Court has passed the following order:
"The Registry to place on record expected date by which Paper Book will be ready. At the request of the learned advocate Mr. M.A. Kharadi, adjourned to 18.6.2012."
3. The Registry has placed on record a detailed submission after taking into consideration the information furnished in response to the queries put to the concerned authorities; like (1) How many pages printed and sent by your office for proof reading to the Registry of High Court till date ? (2) How many pages have been received back by your office after proof reading carried out by the High Court Registry ? (3) How many pages are pending for printing and as to how much time it will take to complete the printing work and to get the paper books ready (35 copies) of the Confirmation Case No. 1/2011 to 10/2011?
4. The Registry on receipt of the information with regard to the aforesaid questions, has submitted that "in this connection, it is submitted that as per the say of Administrator, Government Central Press, the work of Printing of paper book will be completed by the month of October, 2012, if the proof reading will be made available timely." Out of 63 parts, the proof reading is completed in 26 parts and the same is sent back to the press. So far as other 27 to 39 thirteen parts are concerned, the same are received for proof reading in the month of June, 2012 and other 46 to 52, seven parts are concerned, the same are also received for proof reading, of which, one part is sent back to the press after proof reading.
5. It is in light of these details, this Court is of the opinion that it will be in the interest of justice to wait for the paper books so that main appeals can be taken up for final hearing. As the application if taken for consideration for suspension of the sentence, it is likely to take considerable time, may be equal to the time which will be taken in final hearing of the appeals. Hence, for the present, the application is disposed of with the aforesaid observation.
6. Learned Special P.P. Mr. J.M. Panchal states that cooperation, if any sought for, will be extended by the prosecuting agency.
[RAVI R. TRIPATHI, J.] [PARESH UPADHYAY, J.] mandora/ Top