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CR.MA/9639/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9639 of 2008
In
CRIMINAL
APPEAL No. 1176 of 2007
=========================================================
RAMESH
@ LIMBUSHETTY VITTHAL NAYAK - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
GAJENDRA P BAGHEL for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 01/08/2008
ORAL
ORDER
Heard
learned advocate for the applicant and learned APP Mr.K.P.Raval for
respondent-State.
The
present applicant-convict prisoner has been convicted by the learned
Addl.Sessions Judge, Vyara, Surat for the offences punishable under
Sections 392 and 394 of IPC by judgment and order dated 22.9.2006 and
sentenced him to undergo Rigorous imprisonment of 5 years and 7 years
respectively and fine. The applicant has preferred appeal against the
above judgment and order, being Criminal Appeal No. 1176 of 2006.
Along
with the appeal, the applicant had filed an application being
Criminal Misc.Application No. 10872 of 2007 under Section 389 of
Cr.PC for releasing him on bail. This Court (Coram: C.K.Buch, J.)
vide order dated 17.10.2007 rejected the said application, by a
direction was given to the Registry to see that the paper book is
prepared at the earliest and the appeal may be listed for final
hearing on preparation of the paper book.
Though
the above order was passed on 17.10.2007, till today, the paper book
is not ready.
The
present applicant convict prisoner has also preferred Special Leave
Petition before the Hon’ble Apex Court wherein the following order is
passed on 10.3.2008:
?SDelay
condoned.
Heard.
The
Special leave petition is dismissed. However, since the petitioner
has already undergone about half of the sentence i.e. three years and
eight months as against seven years awarded to him, we would request
the Hon’ble Chief Justice of the High Court to post the appeal at an
early date. We would also request to dispose of the appeal as
early as possible, preferably within a period of three months from
today.??
As
per the above order of the Hon’ble Apex Court, the appeal was
required to be disposed of preferably within three months from the
date of the said order of the Hon’ble Apex Court. Though specific
order has been passed by the Hon’ble Apex Court, the Registry has not
taken any step in preparing the paper book as well to place the
Criminal Appeal for final hearing before this Court. Hence, the
Registrar General is directed to call for explanation from the
concerned Department as to why the order dated 10.3.2008 passed by
the Hon’ble Apex Court and the order dated 17.10.2007 passed by this
Court have not been complied with and to submit a report in this
behalf. The matter is adjourned to 5.8.2008.
(M.D.Shah,
J.)
Sreeram.
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