Heard Mr.Hardik A. Dave, learned counsel for the applicant and Mr.H.L.Jani, learned APP for the respondent - State.
Mr.Dave has submitted that the order of the learned Judge is not proper as per provisions of law. He has submitted that the learned Judge has not considered statement of the witnesses. He has further submitted that role of the present applicant prima facie is not established to club the present applicant in the said offence.
The appellant is permitted to move before the lower Court for adjournment and learned Judge will consider and adjourn the matter for next hearing.
Office is directed to call for record and proceedings from the trial Court so as to reach this Court on or before 3.2.2012. S.O. To 6.2.2012. Direct service is permitted.
(Z. K. SAIYED, J.) kks Top