IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 2735 of 2002
--------------------------------------------------------------
RANCHHODBHAI TEJABHAI SAVALIA
Versus
STATE OF GUJARAT
--------------------------------------------------------------
Appearance:
1. Criminal Misc.Application No. 2735 of 2002
MR YATIN SONI for Petitioner No. 1
MS MANISHA LAVKUMAR, APP for Respondent No. 1
--------------------------------------------------------------
CORAM : MR.JUSTICE R.P.DHOLAKIA
Date of Order: 29/06/2002
ORAL ORDER
Heard learned counsel for the applicant and
learned APP for the State.
2.The first contention raised by the learned
counsel for the applicant is that the incident has taken
place due to poverty. The next contention raised by him
is that till this date, charge-sheet is not filed and
hence, applicant may be released on default bail.
3.It is to be noted that the application submitted
by the applicant before the Court below has been decided
after verifying the police papers and before receiving
the charge-sheet. Even present application has also been
filed before receiving the charge-sheet. It is the say
of the learned counsel for the applicant that till this
date, charge-sheet has not been filed within stipulated
and, therefore, applicant is required to be released only
on that ground. However, facts remain that same can be
verified by the Court below and, therefore, applicant is
directed to approach the Court below. In the event of
the applicant approaching the Court below, same shall be
decided according to law.
4.With the aforesaid direction and observation,
this application stands disposed of. Notice is
discharged.
(R.P.DHOLAKIA,J.)
radhan/