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CR.MA/10945/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10945 of 2011
In
CRIMINAL
MISC.APPLICATION No. 3934 of 2011
=========================================================
PRADEEP
N SHARMA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
IH SYED for
Applicant(s) : 1,
MR PK JANI PUBLIC PROSECUTOR WITH MR RC KODEKAR
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 05/08/2011
ORAL
ORDER
Rule.
Mr.P.K. Jani, learned Public Prosecutor with Mr.R.C. Kodekar, learned
Additional Public Prosecutor wavies service of notice of Rule on
behalf of the respondent-State.
The
accused-applicant preferred bail application in connection with the
offences registered with CID Crime Police Station, Rajkot Zone vide
C.R.No.I – 9 of 2010 by way of Criminal Misc. Application No.3934 of
2011. Vide order dated 22.06.2011, the bail application was rejected,
however, this Court issued directions to the concerned Trial Court to
see that the charge is framed at the earliest and the trial
commences. After the pronouncement of the order dated 22.06.2011, a
request was made by the learned counsel appearing for the
accused-applicant that the directions which have been issued by this
Court may be stayed for some time, as the accused-applicant has
preferred an application under Section 406 of the Code of Criminal
Procedure before the Hon’ble Supreme Court seeking transfer of the
entire trial outside the State of Gujarat. A statement was made that
the matter would be taken up for hearing before the Hon’ble Supreme
Court some time in July-2011 and taking into consideration the said
fact this Court thought fit to stay the operation, implementation and
execution of the directions issued to the Trial Court till
31.07.2011. It appears that the matter has not been taken by the
Hon’ble Supreme Court for hearing and therefore, this application is
preferred once again praying that the time may be further extended as
the matter is now adjourned to 06.09.2011 before the Hon’ble Supreme
Court.
Taking
into consideration the fact that the matter has not been taken up for
hearing before the Hon’ble Supreme Court and now the same has been
adjourned to 06.09.2011, the directions which have been issued to the
Trial Court as regards expeditious commencement of the trial and its
disposal shall remain stayed till 30.09.2011. The application is
disposed of. Rule is made absolute. Direct Service permitted.
(J.B.
Pardiwala, J.)
koshti/
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