SHARADCHANDRA GOVINDRAO BHONSEKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted. Arguments heard.

(2.) In view of the decision of this court in usmanbhai Dawoodbhai Memon and ors. v. State of Gujarat JT (1988) 1 SC 539, this appeal succeeds and is allowed. We really fail to appreciate the observation made by the learned Sessions judge-cum-Designated court that the decision in usmanbhai Dawoodbhai Memon's case does not lay down any guidelines. It betrays a misconception on the part of the learned Sessions Judge as to the purport and effect of that decision.

(3.) We direct that the learned Sessions Judgecum Designated court shall deal with the application for bail made by the appellant in accordance with the direction made in paragraph 18 of the judgment in Usmanbhai Dawoodbhai memon's case. The Designated court shall pending the disposal of the application for bail enlarge the appellant on bail on such terms as it deems fit.