(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Party-in-person, who is applicant in Cr.M.A.Nos.7952 and 13288 of 2012 in Cr.M.A.No.11750 of 2008, is not present and he is also not present in the remaining matters where he is arraigned as respondent/ contemnor. It was pointed out by learned counsel Mr.Asim Pandya, appearing as amicus curiae, that, by order dated 24.9.2012 bailable warrant was ordered to be issued and the returnable date was fixed on 18.10.2012. According to order dated 29.10.2012, the bailable warrant remained unserved and learned Public Prosecutor was requested to look into the matter. Learned Public Prosecutor, however, on that date requested that if fresh bailable warrant could be issued, he will see to it that the same is served on the applicant and on the next returnable date the applicant is kept present before the Court. Accordingly, fresh bailable warrant in the sum of Rs.5000/-, returnable on 05.11.2012, was ordered to be issued and packet of the aforesaid bailable warrant was ordered to be handed over to the office of Public Prosecutor. Thereafter, hearing has been adjourned on 09.11.2012 at the request of learned Public Prosecutor.
2. Today when the matters were called out, learned Public Prosecutor was not present and learned A.P.P. Mr.R.C.Kodekar being called upon to explain the absence of the respondent in the suo moto proceedings, it was stated, on instruction, that the Police Inspector concerned has not executed the warrant, even as respondent No.1 expressly refused to furnish bail bond. Learned A.P.P. Mr.Kodekar further submitted that, according to Head Constable Mr.Ishwarbhai Lilabhai, who is personally present in the Court, warrant could not be effectively executed and the respondent could not be arrested on account of the warrant having not been issued in the prescribed form (Form No.2 prescribed under section 70/71 of Cr.P.C.). It prima facie appears that the office of learned Public Prosecutor and the police officers concerned have failed in their duty in effectively executing the warrant issued by this Court and Police Inspector of the police station concerned, i.e. Gujarat University Police Station, Ahmedabad City, is required to be held personally responsible for dereliction of his duty.
3. It is now submitted by learned A.P.P. Mr.Kodekar that a fresh order for issuance of bailable warrant in the appropriate form may be made so as to facilitate its execution. Accordingly, fresh bailable warrant in the sum of Rs.5000/- (rupees five thousand) only is ordered to be issued in the prescribed form making it returnable on 27.12.2012. A copy of this order shall be given to learned A.P.P. today.
Sd/-
( D.H.WAGHELA, J.) Sd/-
( (G.R.UDHWANI, J.) (Kmgthilake) Page 3 of 3