NAGJIBHAI DAYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for the purpose of seeking modification and/or clarification of the observations which have been made in Para.4 of the order dated 17.4.2020 passed in Criminal Misc. Application (for Temporary Bail) No.1 of 2020. The said observations read as under :

(2.) For the purpose of seeking clarification, Mr.Mangukiya, learned advocate with Mr.Nirad Buch, learned advocate for the applicant, has pointed out that various circulars have now been issued by the Hon'ble the Chief Justice, clarifying about the matters which are required to be dealt with and heard by the Hon'ble Benches which are fixed. Mr.Mangukiya has pointed out that on page-10 (Annexure-B), circular dated 18.4.2020 is issued under the signature of the Registrar General and a later circular has also been issued on 30.5.2020. Accordingly, while modifying the functionality of the Court, the matters which are filed before 24.3.2020, are also permitted to be heard by the Bench and this main Criminal Appeal which is filed for the purpose of seeking regular bail is coming within the criteria of these circulars, some clarification be made in Para.4 of the order so as to see that hearing of this Criminal Appeal may not be hampered any further.

(3.) As against this, Ms.Megha Jani, learned advocate, appearing on behalf of contesting respondent, has submitted that this application requires lot of examination of relevant papers and the hearing will not be in brief. Hence, when the regular Courts are opening, the same may be dealt with. Apart from that, it has been pointed out that a specific liberty was granted in Para.4 itself that if the hearing is not possible within some reasonable period, a liberty may be kept open for the applicant to move an application afresh. That liberty has already been availed by the present applicant which can be seen from an order dated 1.6.2020. Accordingly, no clarification is needed in this regard.