IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 9752 of 2001
in
CRIMINAL APPEALNo 92 of 1995
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CHAMPAKBHAI SOMBHAI HALPATI
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 9752 of 2001
MS SADHANA SAGAR for Petitioner No. 1
THROUGH JAIL for Petitioner No. 1
MR RM CHAUHAN, APP for Respondents
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CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE J.R.VORA
Date of Order: 11/01/2002
ORAL ORDER
(Per : MR.JUSTICE J.M.PANCHAL)
Rule. Mr. R.M.Chauhan, learned A.P.P. waives
service of notice of rule on behalf of the opponents.
Having regard to the facts of the case, the application
is heard today.
2.By submitting this application through Jail
Superintendent, Central Jail, Baroda, prisoner i.e.
Champakbhai alias Gatubhai Somabhai, who is undergoing
sentence of life imprisonment at Central Jail,Baroda, has
prayed that either his appeal be heard immediately or he
be granted regular bail during the pendency and final
hearing of the appeal filed by him.
3.Heard Ms. Sadhna Sagar,learned counsel who is
representing the convict in Criminal Appeal No. 92/95 as
well as the learned counsel for the State Government.
The learned counsel for the convict has stated at the Bar
that the appeal filed by the convict is already heard by
Hon’ble Mr. Justice B.C.Patel to whom the matter is
referred by the Division Bench, as the learned Judges
comprising Division Bench had differed, and the judgment
is being awaited. As the appeal filed by the convict is
already heard, the said prayer stands almost granted and
the alternative prayer for grant of regular bail during
the pendency of the appeal, cannot be entertained.
For the foregoing reasons, the application fails
and is dismissed. Rule is discharged.
(J.M.Panchal,J.)
( J.R.Vora, J.)
(patel)