PRITHVISINH VANRAJSINH SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Harshil Dattani, learned advocate for the applicant states that co-accused have been convicted in the matter and against such conviction, the co-accused have preferred an appeal, as a result the Record and Proceedings of the matter has been transferred to this Court and thus, states that since last

(2.) (two) years, the trial against the present applicant has been stalled, as Record and Proceedings is not available before the Trial Court Judge and such observation is also made in the bail order, where the application was rejected on 20/4/2021 in Criminal Misc. Application 187 of 2021. 2. Mr.Harshil Dattani, learned advocate for the applicant also submitted that fact of R & P being available in this Court was also referred before the Court where the appeal is pending and necessary process has been initiated, but still R & P has not been available before the Trial Court.

(3.) Since this Court is not inclined to grant the prayer, learned advocate Mr.Harshil Dattani, under the instructions, seeks permission to withdraw the present application. Permission, as prayed for, is granted. The present application stands disposed of, as withdrawn with the direction to the Registry of this Court to send R & P in connection with I.C.R.No.143 of 2011 of Sessions Case 33 of 2012 back to the Trial Court concerned and the Trial Court concerned is directed to conclude the trial against the present applicant within a period of 4 (four) months, and thereafter, R & P be sent back to this Court in connection with an appeal raised by the co-accused. Rule is discharged.