ABDUL KADAR AHMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri A. D. Shah for the petitioners-accused Shri D. K. Trivedi learned P. P. for respondent No. 1-State and Shri K. L. Abichandani learned Advocate for respondent No. 2 By consent of the parties the matter is heard today.

(2.) The petitioners are the accused of customs case in Criminal Case No. 1427 of 1990. They are arrested on 10-6-90 for smuggling gold worth about rupees two crores. The accused had earlier filed two separate applications being Misc. Criminal Applications No. 2459 of 1992 and 2460 of 1992 before this court for releasing them on bail on the ground that trial against them is pending before the learned Chief Judicial Magistrate (Magistrate for short) even through (sic.) more than a period of two years was passed. On 3-9-92 this Court (Coram: M. S. Parikh J.) after having heard the learned Advocate for the petitioners rejected the said applications by directing the learned Magistrate to deal with the case in question and complete the stage of framing of the charge within a period of two months from the date of receipt of the writ of the order. Opportunity was also given to the petitioners to move appropriate application for bail either before the learned Chief Judicial Magistrate or before this court if the charge is not framed within that period. According to Shri Shah learned Advocate appearing for the petitioners they took direct service of two orders and served the same before the learned Magistrate on 8-9-92.

(3.) Period of two months as directed by this Court from 8-9-92 was over on 8-11-92. Till then the Criminal Case before the learned Magistrate did not at all proceed. Therefore both the petitioners filed this common Application before this Court for releasing them on bail.