JASMINBHAI BHARATBHAI KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This present petition is directed against the order dtd. 19/10/2023 passed by the High Court of Gujarat[For short, the 'High Court.'], whereby the Division Bench had refused to extend the period of temporary bail granted to the petitioner in Criminal Appeal No. 417 of 2009, preferred by the petitioner herein, which is pending adjudication before the High Court. In the said criminal appeal, the petitioner has assailed the conviction and sentence awarded by the learned Additional Sessions Judge, District Court Bhavnagar vide judgment dtd. 3/11/2018, for the offences punishable under Sec. 302 of the Indian Penal Code, 1860 read with Sec. 34 and Sec. 25 (1) (B) (A) of Arms Act, 1959.

(2.) We have noticed an apparent anomaly in the listing of this petition which we propose to clarify and address.

(3.) While preferring the present special leave petition, the petitioner also filed an Interlocutory Application[IA No. 248997 of 2023.] seeking exemption from surrendering. The said application was registered by the Registry and stands rejected by the Hon'ble Judge-inChamber vide order dtd. 8/12/2023.