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CR.MA/6251/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6251 of 2011
In
CRIMINAL
MISC.APPLICATION No. 5239 of 2011
In
CRIMINAL
MISC.APPLICATION No. 4211 of 2011
=========================================================
BHAVUSINGH
ISHWARSINGH WAGHELA(THAKOR) & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MC BAROT for
Applicant(s) : 1 - 3.
MR. H.L. JANI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/05/2011
ORAL
ORDER
Rule.
Learned APP, Mr. H.L. Jani waives service of notice of Rule on
behalf of respondent-State.
By
way of present application, the applicants have prayed to grant
further time to surrender before the jail authority for a period of
six weeks.
Heard
learned counsel Mr. M.C. Barot. Mr. Barot has contended that against
the order of this Hon’ble Court, the applicants are processing for
approaching Hon’ble Apex Court and for that they have sent papers to
Advocate for preferring SLP. Earlier the applicants have preferred
an application being Criminal Misc. Application No.4211 of 2011 and
5239 of 2011 for extension of time to surrender before the jail
authority for a period of 10 weeks. This Court, however, vide order
dated 19.4.2011 passed in Criminal Misc. Application No.5239 of 2011
has extended the time to surrender before the jail authority for a
period of two weeks, which is expiring on 4.5.2011 i.e. today.
Learned counsel Mr. Barot appearing for the applicants stated at the
bar that, in this matter, till today the SLP is not filed because on
14.3.2011, the applicants have applied for certified copy of the
judgment and order dated 28.2.2011 and the same has been delivered by
the registry only on 29.4.2011. He has contended that for preparing
the SLP and filing the same before the Hon’ble Supreme Court, it will
take some more time and therefore, he has prayed for further time of
six weeks.
I
have heard learned counsel for both the sides and also perused
contents of the application. From the perusal of the papers, it
appears that earlier in Criminal Misc. Application No.5239 of 2011,
this Court has granted time of two weeks to the applicants to
surrender before the jail authority. However, considering the
circumstances narrated in the application and submissions made by the
parties, three weeks time is extended.
Hence,
the application is partly allowed and three weeks more time is
granted to the applicants to surrender before the jail authority. The
application is disposed of. Rule is made absolute to the aforesaid
extent only. Direct service is permitted.
(Z.K.SAIYED,J.)
Vahid
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