BHARAT MALUBHAI MODHWADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner is aggrieved by an interim order granting stay of operation of the order dated 29th of March, 2008 passed by the Trial Court in exercise of its powers conferred by section 319 of the Code of Criminal Procedure (in short, "the code" ). By the order dated 29th of March, 2008, the Additional sessions Judge and Presiding Officer, Fast Track Court, porbandar allowed an application under Section 319 of the code and directed that bailable warrant of Rs. 25000/- be issued against Sh. Babubhai Bhimabhai Bokhria and also directed his production as accused in the further proceedings of the case.

(2.) AGAINST the aforesaid order, a Special Criminal application has been filed, which is now pending decision. By way of an interim relief, the aforesaid order of the Additional sessions Judge and Presiding Officer, Porbandar dated 29th of march, 2008 was stayed.

(3.) THE aforesaid two Special Leave Petitions came up for hearing before us. After giving hearing to the learned Senior counsel appearing for the parties and after going through the impugned orders and without going into the merits of the questions raised before us on the application under Section 319 of the Code, we feel it proper to dispose of the SLPs in the following manner :-