(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) All the applications are for suspension of sentence and regular bail and they are listed with the main criminal appeals. All these matters were called out yesterday but except Mr.Madansinh Barod, who was also not ready to proceed with the matter, no other counsels were present for the appellants to proceed with the final hearing of the appeals. Today, the matters were called out in the first sitting, Mr.Agrawal who has filed all the applications was not present and is not present even in the second round. We would have considered the final hearing of the appeals itself, however, the learned counsels for the appellants except Mr.Madansinh Barod who also states that his senior counsel Mr.B.B.Naik is not present, are not available to proceed with the final hearing of the appeal.
In view of the aforesaid fact situation, we find that when the appeals are already listed on the final hearing Board and the appeals are also of the year 2007, this Court would take up the appeals, but for nonavailability of advocates for the appellants, the final hearing is not proceeded. Under the circumstances, we find that it would not be a case for exercising the power to suspend the sentence and to grant regular bail. Hence, all applications are disposed of with the observations that the appellants-applicants through their counsels may show readiness to proceed with the final hearing of the appeals, as to cooperate with the final hearing.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top