(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Shri L.B. Dabhi, learned APP waives service of notice of rule on behalf of the respondent-State.
The present application under Section 389 of the Code of Criminal Procedure has been preferred by the applicant-original accused no. 2 to suspend the sentence and release him on temporary bail pending hearing and final disposal of Criminal Appeal No. 237/2012.
After the matter was argued for some time, Ms. Lopa Bhatt, learned advocate appearing on behalf of the applicant has stated at the bar that considering the earlier order passed by this Court dated 22/03/2012 in Criminal Miscellaneous Application No. 3724/2012, if the Registry is directed to see that the paper book is received from the learned trial Court within the stipulated time and thereafter the appeal is notified on board for final hearing, the applicant does not press the present application.
Shri L.B. Dabhi, learned APP appearing on behalf of the respondent-State has stated at the bar that he has no objection, if the Criminal Appeals are directed to be placed on board for final hearing.
In view of the above, the present application is dismissed as not pressed/withdrawn. However, considering the earlier order dated 22/03/2013 passed in Criminal Miscellaneous Application No. 3724/2012, Registry is directed to see that the paper book is received from the learned trial Court within a period of three months from today and thereafter is directed to notify Criminal Appeal No. 237/2012 alongwith Criminal Appeal No. 506/2012 for final hearing in the week commencing from 02/09/2013.
(M.R.SHAH, J.) (R.P.DHOLARIA,J.) Siji Page 2 of 2