1.0. As common question of law and facts arise in this group of applications, they are disposed of by this common judgment and order.
2.0. All these Criminal Miscellaneous Applications have been preferred by the respective applicants-State of Gujarat; Shri Indravadan Shantilal Patel at whose instance the criminal proceedings have been initiated against the accused persons and Vadodara District Cooperative Sugarcane Growers Union Ltd. through its Legal Officer for cancellation of the bail granted by the learned Presiding Officer & Additional Sessions Judge, Fast Track Court No.7, Vadodara, by which, the learned Judge has directed to release the contesting respondents herein -original accused in connection with complaint being Criminal Case No. 192 of 2009 registered with Karjan Police Station for the offences punishable under Sections 408, 420, 409, 465, 467, 477 A and 114 of the Indian Penal Code and to quash and set aside the impugned orders passed by the learned Presiding Officer & Additional Sessions Judge, Fast Track Court No.7, Vadodara dated 10.12.2009, 17.12.2009, 8.2.2010, 19.2.2010, 3.3.2010, 25.2.2010, 16.3.2010, 5.4.2010, 6.4.2010, 10.4.2010 and 29.5.2010 respectively passed in respective Criminal Miscellaneous Application Nos. 1632 & 1633 of 2009, 1559 of 2009, 1728 of 2009, 188 of 2010, 247 of 2010, 337 of 2010, 338 of 2010, 275 of 2010, 339 of 2010, 425 of 2010, 419 of 2010, 437 of 2010, 483 of 2010, 317 of 2010, 511 of 2010, 525 of 2010, 717 of 2010, 280 of 2010, 278 of 2010, 416 of 2010, 279 of 2010, 281 of 2010 and 282 of 2010 releasing contesting private respondents herein-original accused on bail in connection with the aforesaid FIR.
3.0. Shri Dipen Desai, learned advocate has appeared on behalf of Shri Indravadan Shantilal Patel applicant of Criminal Miscellaneous Applications Nos. 14349 of 2009, 14352 of 2009, 1817 of 2010, 1955 of 2010, 2609 of 2010, 2611 of 2010, 2613 of 2010, 2619 of 2010, 3048 of 2010, 3050 of 2010, 3052 of 2010, 6271 to 6274 of 2010 and 7102 of 2010 and Shri B.S. Patel, learned advocate has appeared on behalf of Vadodara District Cooperative Sugarcane Growers Union Ltd -applicant of Criminal Miscellaneous Applications Nos.14355 of 2009, 1404 of 2010, 1727 of 2010, 1728 of 2010, 2866 of 2010, 2868 to 2870 of 2010, 2873 of 2010,2874 of 2010, 2876 of 2010, 6069 to 6071 of 2010, 6133 of 2010 and Shri L.B. Dabhi, learned Additional Public Prosecutor has appeared on behalf of the State in all the applications and Shri B.B. Naik, learned Senior Advocate has appeared with Shri Hriday Buch, learned advocate for some of the accused and Shri S.V. Raju, learned Senior Advocate has appeared with Shri S.P. Majmudar, learned advocate for some of the accused and Shri Rsushabh R. Shah, learned advocate has appeared on behalf of respondent no.2 in Criminal Miscellaneous Application No.14349 of 2009 and Shri S.R. Sharma, learned advocate has appeared on behalf of respondent no.2 in Criminal Miscellaneous Application No.14352 of 2009 and Shri Nikhil Kariel, learned advocate has appeared on behalf of respondent no.2 in Criminal Miscellaneous Application No.1728 of 2010 and Shri Yatin Soni, learned advocate has appeared on behalf of respondent no.2 in Criminal Miscellaneous Application No.6133 of 2010 and Criminal Miscellaneous Application No.6272 of 2010 and Shri Vijay Patel, learned advocate for H.L.Patel Advocate, has appeared on behalf of some of the accused persons.
4.0. After the matters were argued for some time, there is a broad consensus between the learned advocates for the respective parties that let the impugned orders passed by the learned Sessions Court releasing respective accused persons -original applicants on bail be quashed and set aside and the matter be remanded to the learned Sessions Court to decide and dispose of the same afresh in accordance with law and on merits after giving opportunity to the respective applicants herein as well as original accused and the public prosecutor and till then the respective accused persons be continued to be on bail, however they may be treated to be in custody of the Court, however the same shall be without prejudice to the rights and contentions of the respective parties in the respective bail applications and subject to the ultimate outcome of the bail applications. Learned advocates for the respective contesting respondents-original accused -original applicants under the instructions from their respective clients do not invite any further reasoned order while quashing and setting aside the impugned orders passed by the learned Sessions Court releasing them on bail - while remanding the matter to the learned Sessions Court. It is also agreed by the learned advocate for the original accused that while remanding the matter to the learned Sessions Court as they are continued on bail, they shall not contend before the learned Sessions Court that as they are continued on bail, the bail applications are not required to be decided on merits and that it is agreed that the bail applications shall be decided and disposed of in accordance with law and on merits without in any way being influenced by the fact that the accused persons are continued to be on bail while remanding the matter to the learned Sessions Court. Learned advocates for the respective applicants have requested to direct the learned Sessions Court to finally decide and dispose of the respective bail applications within stipulated time.
5.0. In view of the above, all the applications succeed and the impugned orders passed by the learned Presiding Officer & Additional Sessions Judge, Fast Track Court No.7, Vadodara dated 10.12.2009, 17.12.2009, 8.2.2010, 19.2.2010, 3.3.2010, 25.2.2010, 16.3.2010, 5.4.2010, 6.4.2010, 10.4.2010 and 29.5.2010 respectively passed in respective Criminal Miscellaneous Application Nos. 1632 & 1633 of 2009, 1559 of 2009, 1728 of 2009, 188 of 2010, 247 of 2010, 337 of 2010, 338 of 2010, 275 of 2010, 339 of 2010, 425 of 2010, 419 of 2010, 437 of 2010, 483 of 2010, 317 of 2010, 511 of 2010, 525 of 2010, 717 of 2010, 280 of 2010, 278 of 2010, 416 of 2010, 279 of 2010, 281 of 2010 and 282 of 2010 are hereby quashed and set aside and the matters are remanded to the learned Sessions Court for deciding the said bail applications afresh in accordance with law and on merits and after giving an opportunity to the learned advocates for the original accused; learned advocate for the original informant Shri Indravadan Shantilal Patel as well as learned advocate for Vadodara District Cooperative Sugarcane Growers Union Ltd as well as learned Public Prosecutor and till then the respective accused persons are directed to be continued on bail subject to the ultimate outcome of the respective bail applications to be decided by the learned Sessions Court on remand and they will be treated as in formal judicial custody of the Court for the purpose of deciding the bail applications. As agreed learned advocates for the respective parties, more particularly, learned advocate for the original accused, learned Sessions Court to decide and dispose of the bail application in accordance with law and on merits afresh without in any way of being influenced by the fact that while quashing and setting aside the impugned orders and remanding the matter to the learned Sessions Court for deciding the bail application afresh, the accused persons are continued on bail and as agreed by the learned advocate appearing on behalf of the original accused, they shall not contend that as they are continued on bail the bail applications are not required to be decided on merits.
6.0. In the facts and circumstances, it is directed that bail applications on remand shall be decided and disposed of by the learned Principal Sessions Judge, Vadodara himself and in the facts and circumstances of the case, learned Principal Sessions Judge, Vadodara is hereby directed to finally decide and dispose of the bail application on remand as stated above within a period of four months from the date of receipt of the present order. In the facts and circumstances of the case and so as to avoid any further time in serving the notice upon the accused persons and other, it is directed that the respective accused shall appear before the learned Sessions Court, Vadodara (learned Principal Sessions Judge, Vadodara) either in person or through their advocates on 8th May 2012 at the first instance. Rule is made absolute to the aforesaid extent in each of the applications. Registry is directed to send the writ of this order to the learned Principal Sessions Judge, Vadodara immediately but not later than 3rd May 2012.
( M. R. Shah, J. ) "kaushik"
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