(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. As recorded in previous order dated 3.12.2012, bailable warrant was ordered to be issued against the applicant in the civil application, by order dated 24.9.2011 and the returnable date was fixed on 18.10.2012. However, warrant issued pursuant to that order remained unserved. Thereafter, learned Public Prosecutor had requested for fresh bailable warrant with a promise that it shall be served upon the original respondent and accordingly fresh bailable warrant in the sum of Rs.5,000/- returnable on 5.11.2012 was ordered to be issued. On 9.11.2012, after next date of hearing, hearing was adjourned to 3.12.2012. It was again noted that the police inspector concerned had not executed the warrant, even as original respondent had expressly refused to furnish bail bond. Under the circumstances, by the same order dated 3.12.2012 fresh bailable warrant in the sum of Rs.5,000/- was ordered to be issued in the prescribed form making it returnable on 27.12.2012.
2. Today, learned Government Pleader submitted that the Police Inspector in-charge of Gujarat University Police Station, namely, Shri V.M.Shelar is personally present and according to him the bailable warrant has been duly executed but the original respondent, Mr.Devesh A.Bhatt is neither personally present nor found in the Court. He further submitted that the wife of the respondent has furnished bail for the respondent and now necessary procedure for arrest of the respondent and forfeiture of the bond is required to be undertaken. Learned counsel, Mr.Asim Pandya, appearing as amicus curiae submitted that today itself non-bailable warrants are required to be issued for arrest of the respondent in view of his apparently unfair and defiant attitude in repeatedly making defaults in appearing before the Court and keeping on writing letters in respect of the Judges of this Court.
3. However, this Court refrains from making any observation regarding conduct and attitude of the respondent at this stage and it is directed that the State Government shall take all necessary and energetic steps in accordance with law for the absence of the respondent before this Court and for forfeiture of bail bonds. The next hearing is fixed on 24th January 2012. Copy of this order shall be immediately given to learned APP.
(D.H.WAGHELA, J.) (G.R.UDHWANI, J.) *malek Page 3 of 3