INDRAVADAN SHANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS common question of law and facts arise in this group of applications, they are disposed of by this common judgment and order.

(2.) ALL these Criminal Miscellaneous Applications have been preferred by the respective applicants-State of Gujarat; Shri Indravadan Shantilal Patel at whose instance the criminal proceedings have been initiated against the accused persons and Vadodara District Cooperative Sugarcane Growers Union Ltd. through its Legal Officer for cancellation of the bail granted by the learned Presiding Officer & Additional Sessions Judge, Fast Track Court No.7, Vadodara, by which, the learned Judge has directed to release the contesting respondents herein -original accused in connection with complaint being Criminal Case No. 192 of 2009 registered with Karjan Police Station for the offences punishable under Sections 408, 420, 409, 465, 467, 477 A and 114 of the Indian Penal Code and to quash and set aside the impugned orders passed by the learned Presiding Officer & Additional Sessions Judge, Fast Track Court No.7, Vadodara dated 10.12.2009, 17.12.2009, 8.2.2010, 19.2.2010, 3.3.2010, 25.2.2010, 16.3.2010, 5.4.2010, 6.4.2010, 10.4.2010 and 29.5.2010 respectively passed in respective Criminal Miscellaneous Application Nos. 1632 & 1633 of 2009, 1559 of 2009, 1728 of 2009, 188 of 2010, 247 of 2010, 337 of 2010, 338 of 2010, 275 of 2010, 339 of 2010, 425 of 2010, 419 of 2010, 437 of 2010, 483 of 2010, 317 of 2010, 511 of 2010, 525 of 2010, 717 of 2010, 280 of 2010, 278 of 2010, 416 of 2010, 279 of 2010, 281 of 2010 and 282 of 2010 releasing contesting private respondents herein-original accused on bail in connection with the aforesaid FIR.

(3.) IN view of the above, all the applications succeed and the impugned orders passed by the learned Presiding Officer & Additional Sessions Judge, Fast Track Court No.7, Vadodara dated 10.12.2009, 17.12.2009, 8.2.2010, 19.2.2010, 3.3.2010, 25.2.2010, 16.3.2010, 5.4.2010, 6.4.2010, 10.4.2010 and 29.5.2010 respectively passed in respective Criminal Miscellaneous Application Nos. 1632 & 1633 of 2009, 1559 of 2009, 1728 of 2009, 188 of 2010, 247 of 2010, 337 of 2010, 338 of 2010, 275 of 2010, 339 of 2010, 425 of 2010, 419 of 2010, 437 of 2010, 483 of 2010, 317 of 2010, 511 of 2010, 525 of 2010, 717 of 2010, 280 of 2010, 278 of 2010, 416 of 2010, 279 of 2010, 281 of 2010 and 282 of 2010 are hereby quashed and set aside and the matters are remanded to the learned Sessions Court for deciding the said bail applications afresh in accordance with law and on merits and after giving an opportunity to the learned advocates for the original accused; learned advocate for the original informant Shri INdravadan Shantilal Patel as well as learned advocate for Vadodara District Cooperative Sugarcane Growers Union Ltd as well as learned Public Prosecutor and till then the respective accused persons are directed to be continued on bail subject to the ultimate outcome of the respective bail applications to be decided by the learned Sessions Court on remand and they will be treated as in formal judicial custody of the Court for the purpose of deciding the bail applications. As agreed learned advocates for the respective parties, more particularly, learned advocate for the original accused, learned Sessions Court to decide and dispose of the bail application in accordance with law and on merits afresh without in any way of being influenced by the fact that while quashing and setting aside the impugned orders and remanding the matter to the learned Sessions Court for deciding the bail application afresh, the accused persons are continued on bail and as agreed by the learned advocate appearing on behalf of the original accused, they shall not contend that as they are continued on bail the bail applications are not required to be decided on merits.