IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 11756 of 2012 In CRIMINAL APPEAL No. 1075 of 2007 For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH Sd/-
========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
Whether this case involves a substantial 4 question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= RAGHUBHAI SHANABHAI PADHIYAR - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance :
MR GAJENDRA P BAGHEL for Applicant(s) : 1, MR LB DABHI ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 28/09/2012
ORAL JUDGMENT
1.00. RULE. Mr.L.B. Dabhi, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondent - State.
2.00. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.
3.00. Present application has been preferred by the applicant – original accused No.2 either for releasing him on bail or for fixing early date of hearing of the main Criminal Appeal.
4.00. Mr.Gajendra Baghel, learned advocate appearing on behalf of the applicant does not press present application so far as the prayer of the applicant to release him on bail is concerned. Hence, present application is dismissed so far as the aforesaid relief is concerned.
5.00. So far as the prayer of the application for fixing early date of the main Criminal Appeal is concerned, considering the period of sentence undergone by the applicant, Registry is directed to notify main Criminal Appeal No.1075 of 2007 for final hearing on 7/1/2013. In the meantime, Registry is further directed to see that Paper-Book and Record and Proceedings of the case are received from the trial court on or before 24/12/2012 without fail.
Rule is made absolute to the aforesaid extent only.
Sd/-
[M.R. SHAH, J.]
rafik