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CR.A/522/1997 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 522 of 1997
=========================================================
ASHOK
ALIAS DON & 1 - Appellant(s)
Versus
STATE
OF GUJARAT - Opponent(s)
=========================================================
Appearance
:
MR
BP MUNSHI for
Appellants : 1 - 2.
PUBLIC PROSECUTOR for Opponent :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/04/2006
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
matter is listed for final hearing in the board
of 29th March 2006 at Sr. No.1. We have been waiting for
the learned advocate for the appellant, but
in vain. Intimation is also given to the learned advocate through
special messenger, but in vain. The matter is very old and must
receive attention at the earliest. The Bench, therefore, is of the
view that the matter be heard &
decided on its own merits. In order that the appellant’s case can
properly be presented before us, we
requested Mr. B.S. Supehia who is present in the
Court by coincidence in respect of another matter, to assist
the Court as Amicus Curiae to which he has
readily agreed. He states that he would go through the matter during
course of the day today and would be able to assist
the Court tomorrow i.e. 13th April, 2006. Accordingly Mr.
Supehia is appointed as Amicus Curiae in
the matter to represent the appellant. Matter to be listed tomorrow.
[ A.L. DAVE, J
]
[ S.R.
BRAHMBHATT, J ]
FURTHER
ORDER:
After
the above order is signed learned Advocate,
Mr. Munshi appeared and indicated that the papers have been taken
back by accused No.1, the appellant, while he was released on
temporary bail. He also states that he has filed appropriate note in
the Registry indicating the above aspect and, therefore, he is not in
a position to proceed with the matter.
Since
the appearance of Mr. Munshi has now been withdrawn
and he was appointed by the appellant as an
Advocate of his choice, the above order is recalled and office is
directed to issue Notice to
the appellant intimating him about the details, so also, the date of
final hearing of this matter. S.O. To 20/4/2006.
[ A.L. DAVE, J
]
[S.R.
BRAHMBHATT, J]
/vgn
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