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CR.MA/9632/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9632 of 2010
In
CRIMINAL
APPEAL No. 1222 of 2007
=========================================================
UPENDRASING
DIPNARAYANSING (RAJPUT) & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH M AGRAWAL for
Applicant(s) : 1 - 2.
MR LB DABHI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 25/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr.L.B.Dabhi, learned APP, appears and waives service of notice of
rule on behalf of the respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
By
instant application under Section 389(2) of the Cr.P.C., applicants
– convict prisoners who vide judgment and order dated
14.09.2007 rendered in Sessions Case No.389 of 2006 passed by
learned Additional Principal Judge, Court No.2, Ahmedabad City has
been convicted for the offences punishable under Section 8(c)
r/w.Section 20(b) of the Narcotic Drugs and Psychotropic Substances
Act (‘NDPS Act’, for short) and under Section 8(c) r/w.Section 22 of
the NDPS Act and sentenced to suffer RI for five years and fine of
Rs.50000/-, in default, RI for further 6 months for the offence
punishable u/s. 8(c) r/w.Section 20(b) of the NDPS Act and RI for 10
years and fine of Rs.1 Lac, in default, RI for further one year for
the offence punishable u/s. 8(c) r/w.Section 22 of the NDPS Act,
have prayed to suspend the sentence and enlarge them on regular bail
during the hearing and final disposal of the above-numbered criminal
appeal on the grounds stated in the application.
At
the time of hearing of this application, Mr.R.M.Agrawal, learned
advocate for the applicants has drawn our attention to the order
dated 21.10.2007 rendered in Criminal Misc.Application No.11608 of
2007 in above-numbered criminal appeal passed by Coordinate Bench of
this Court and submitted that while withdrawing the application for
regular bail, the Coordinate Bench has granted the prayer for
expeditious hearing of the appeal, and accordingly, Registry was
directed to see that the paper-book is prepared as early as
possible. Notwithstanding the aforesaid direction issued by this
Court way back in 2007, Registry has not arranged to get the
paper-book prepared from the concerned Sessions Court. He,
therefore, again urges that since the applicant is in jail since
last more than 4 years, necessary direction be issued to prepare the
paper-book at the earliest and, thereafter, this matter may be
listed for final hearing.
Having
heard Mr.R.M.Agrawal, learned advocate for the applicants and
Mr.L.B.Dabhi, learned APP for the respondent – State of
Gujarat and on perusal of the averments made in the application as
well as the order dated 21.11.2007 rendered in Criminal
Misc.Application No.11608 of 2007 in above-numbered criminal appeal,
it shocks our conscious that though the order was passed way back in
2007 and till today Registry is not able to get the paper-book
prepared from the concerned Sessions Court, we are not sure as to
whether the Registry has communicated this order to the concerned
Sessions Court, and if it is not communicated, then it is a serious
lapse on the part of the Registry, and if it is communicated to the
concerned Sessions Court and the Sessions Court has not prepared the
paper-book, then it is a serious lapse on the part of the concerned
Sessions Court.
We,
therefore, hereof direct the Registry to call upon an explanation as
to why this lapse has occurred and who is at fault on or before
01.09.2010.
Meanwhile,
Registry is further directed to get the paper-book prepared from the
concerned Sessions Court within a period of 7 days hereof, and on
receipt of the paper-book, Registry is further directed to list the
above-numbered criminal appeal on the cause-list for final hearing,
forthwith. Matter is adjourned to 01.09.2010.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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