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CR.A/602/1988 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 602 of 1988
=========================================================
STATE
OF GUJARAT - Appellant(s)
Versus
JADEJA
DIPSINH GHELAJI & 1 - Opponent(s)
=========================================================
Appearance
:
MS.
C.M. SHAH, ADDL. PUBLIC PROSECUTOR
for
Appellant(s) : 1,
NOTICE SERVED for Opponent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 06/04/2010
ORAL
ORDER
(1) This
matter is of year 1988 and the respondents, original accused for
facing charge of committing offence punishable under Section 307 read
with Section 34 of Indian Penal Code as well as 135 (1) of Bombay
Police Act so far as accused no.1 & 2 is concerned. The Trial
Court convicted both the accused and awarded sentence as mentioned in
the order. The order was passed on 27th
February,1985. Thereafter, in the appeal, the Appellate Court
acquitted the accused vide its order dated 28th
March,1988. This Court (Coram: R.J. Shah & K.J. Vaidya JJ.) (as
were they then) vide its order dated 11.10.1989 granted leave and
admitted the appeal and issued bailable warrant in sum of Rs.3,000/-
against each of the
accused. The record shows that the bailable warrant is executed and
accused were released on bail.
(2) Today
the board indicates that the accused are though served, no one has
filed Vakalatnama to represent them. Looking to the order of
Appellate Court and the seriousness of the offence, this Court is of
the view that fresh bailable warrant is required to be issued to the
accused so as to enable them to be aware about the pendency of the
matter and inform them that the matter is to be taken up for final
disposal and, if they are desirous of engaging counsel to defend
their stand in the appeal, they be given an opportunity. The bailable
warrant is ordered to be issued in sum of Rs.4,000/- against each of
the accused so as to procure presence of the accused before this
Court. The accused shall remain present before this Court on 26th
April, 2010 and shall make in the meantime appropriate arrangement
for representing them in the case.
(S.R.BRAHMBHATT,J.)
VAHID
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