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Prakashchandra Devshankar ... vs Central Bureau Of Investigation &

High Court Of Gujarat|16 October, 2012

JUDGMENT / ORDER

1. The present Criminal Revision Application has been preferred by the applicant-original accused against the concurrent finding of fact given by both the Courts below convicting him for the offense punishable under Sections 120B, 420, 467 and 468 of the Indian Penal Code and is still pending for admission hearing even after a period of three years.
2. The present Criminal Revision Application was taken up for admission hearing on 10/10/2012 and this Court passed the following order;
"The present Criminal Revision Application against concurrent finding of facts given by both the Courts below convicting the applicant for the offence punishable under Sections 420, 467 and 468 of the Indian Penal Code, is still pending for admission-
HC-NIC Page 1 of 2 Created On Wed Mar 16 02:32:04 IST 2016 CR.RA/768/2009 2/2 ORDER hearing. The applicant is on bail. The present Criminal Revision Application is adjourned at least for 39 times and mainly due to non-availability of learned advocate appearing on behalf of the petitioner.
Today also when the present Criminal Revision Application is taken up for admission-hearing, Mr.Bhavsar, learned advocate appearing on behalf of the petitioner has filed sick note. Under the circumstances, as a last chance, S.O. to 16/10/2012. On that day if learned advocate appearing on behalf of the applicant remains absent on any ground, the bail granted earlier in favour of the applicant shall be cancelled. "
3. Despite the above, today when the present Criminal Revision Application is taken up for admission hearing, learned advocate appearing on behalf of the applicant, Shri Bhavsar, has chosen to remain absent. Hence and considering the earlier order passed by this Court dated 10/10/2012, bail granted earlier in favour of the applicant, pursuant to the order dated 21/01/2010, stands cancelled. Non-bailable warrant be issued against the applicant in the sum of Rs. 10,000/-, making it returnable on 02/11/2012. To be served through respondent no. 1 for which direct service is permitted.
(M.R. SHAH, J.) siji HC-NIC Page 2 of 2 Created On Wed Mar 16 02:32:04 IST 2016
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Title

Prakashchandra Devshankar ... vs Central Bureau Of Investigation &

Court

High Court Of Gujarat

JudgmentDate
16 October, 2012