C R PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for clarification of the order passed by this Court on March 7, 2005 by which the petitioners were released on temporary bail. A prayer is made to enlarge the petitioners on bail till further orders and/or pending hearing of special leave petitions filed by them.

(2.) It is the case of the petitioners that First information Report dated October 23,2002 was lodged with DCB Police Station, Surat against several accused including the petitioners herein. It was alleged that certain offences had been committed by the accused and huge amount had been misappropriated. Criminal Miscellaneous Application nos. 3331 and 5302, both of 2003 were disposed of by the High Court of gujarat by an order dated October 6, 2004 rejecting the prayer for grant of bail. Against the said order, the petitioners have approached this Court by filing special leave petitions (Criminal) Nos. 5321 and 5492 of 2004. Notice was issued by this court and by an order dated March 7, 2005, temporary bail was granted. The said order reads as under : -

(3.) It is stated by the petitioners that they were enlarged on temporary bail in pursuance of the order passed by this Court. It was further stated that the special leave petitions were to come up for hearing on october 7, 2005, but at the request of the respondents, the hearing was pre-poned to August 5, 2005. Since the order of this court was to release the petitioners on temporary bail and that period was to be over, they have filed the present petition on April 18, 2005. On May 13, 2005, this hon'ble Court issued notice. The learned counsel for the State waived service of notice and sought time for having instructions which was granted by the Court. No interim order, however, was passed in favour of the petitioners. Hence, the petitioners surrendered on April 21, 2005 and at present, they are in jail.