Applicants have filed this application for enlarging them on bail, pending the hearing and final disposal of Criminal Appeal No.841 of 2001.
It appears from the record that earlier main Criminal Appeal No.841 of 2001 was heard finally and during the hearing the learned Advocate appearing on behalf of the applicants had requested this Court that the applicants - accused are poor persons and they are bread-winners of their family and, therefore, some leniency may be shown towards the applicants. Therefore, looking to the facts of the case and considering the request made on behalf of the applicants, this Court modified the Judgment and order passed by the Court below and reduced the sentence awarded to the applicants, vide Judgment and order dated 28.2.2011.
Thereafter, it seems that against the said Judgment and order passed by this Court, the applicants have preferred Appeal before the Hon'ble Supreme Court, being Criminal Appeal No.99 of 2012. The Hon'ble Supreme Court has allowed the said Appeal and remanded the Criminal Appeal No.841 of 2001 to this Court for fresh disposal, after affording adequate opportunity to both the parties.
For effective hearing of this matter, it is necessary to go through the papers pertaining to the writ petition (Criminal Appeal) filed by the applicants before the Hon'ble Supreme Court.
Learned Advocate Mr. Barot for the applicants has prayed for time to produce all the papers pertaining to the Writ Petition/Criminal Appeal No.99 of 2012 (arising out of SLP (Criminal) No. 7662 of 2011).
Hence, office is directed to place this Application along with Criminal Appeal No.841 of 2001 for hearing on 2nd March, 2012.
(Z.K.SAIYED, J.) sas Top