STATE OF GUJARAT Vs. SALIMBHAI ABDULGAFFAR SHAIKH

JUDGEMENT

(1.) These appeals arise on a certificate granted by the Gujarat High Court under Article 134A read with Article 134(1)(c) of the Constitution in the matter of grant of bail to the respondents.

(2.) Raising a preliminary objection, Shri Amarendera Sharan, learned Senior Advocate, submitted that an appeal will lie to this court from any judgment, final order or sentence in a criminal proceeding of a High Court on a certificate being granted in terms of Articles 134(1)(c) and 134A of the Constitution; that, an order made in a proceeding arising out of an application for grant of bail is not a judgment, final order or sentence; that, a judgment would mean any decision which terminates a criminal proceeding pending before the Court and excludes an interlocutory order, that, in a criminal proceeding an order on an application for bail is not a final order; that, the order in question is neither a final order nor imposes a sentence; that, therefore, the certificate issued by the High Court should be cancelled and the appeal should be treated as incompetent.

(3.) There seems to be force in the contentions urged by the learned Senior Advocate on behalf of the respondents but the settled practice of this Court is that if on the face of it this Court is satisfied that the High Court has not properly exercised the discretion under Article 134 (1)(c), the matter may either be remitted or this court may exercise that discretion itself or treat the appeal as one under Article 136 (Nar Singh vs. State of U.P. (1955) 1 SCR 238 and Baladin vs. State of U.P. AIR 1956 SC 181. Therefore, we do not propose to examine this aspect of the matter any further but treat this appeal as a proceeding arising under Article 136 of the Constitution. Leave granted.