When the matter was take up for admission hearing, Mr. Raval, Ld. APP for the respondent
-State drew my attention to the decision rendered in the case of Umar Masjid Pathan v/s. State of Gujarat & ors., in Special Criminal Application No. 1442/2011 by a Division Bench of this Court and submitted that the said matter was in connection with the co-accused of the petitioner herein, wherein the identical issue was involved and the said petition came to be dismissed. Mr. JM Shah, Ld. Advocate for the applicant submitted that he was appearing for the petitioner in the said matter and the said decision is now under challenge before the Hon'ble Apex Court and seeks time. S O to 14/3/2012 as requested by Mr. Shah.
(J.C.UPADHYAYA, J.) * Pansala.