PATEL VISHUBHAI SHIVRAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 18-12-2003 this Court had allowed present Misc. Criminal Application No. 9580 of 2003 and released all the applicants- accused on certain terms and conditions. The order dated 18-12-2003 reads as under : Misc. Criminal Application No. 9580 of 2003 is filed by the seven accused- petitioners for regular bail in connection with the offence registered against them as C.R. No. 1-60 of 2002 with Visnagar Police Station.

(2.) The complainant-Mohammad Iqbal Khan Ahmed Khan had challenged the above order before the Hon'ble Apex Court by filing Criminal Appeal Nos. 423-424 of 2004 and the said Criminal Appeals were allowed and the Hon'ble Apex Court by its order dated 5-4-2004 quashed and set aside the order of this Court, which reads as under :

(3.) Mr. Joshi, learned Counsel for the applicants-accused firstly submitted that after the matter is sent back to this Court by the Apex Court, on two occasions, learned Counsel Mr. Malkan for the complainant did not remain present and the complainant is simply indulging in delay tactics as the applicants are once again in jail. Learned Counsel Mr. Joshi for the applicants-accused also submitted that from the order of the Hon'ble Apex Court, it is clear that only some and not all the reasons assigned by this Court for releasing the accused on bail in its order dated 5-4-2004 were found either not relevant or not having any bearing on the question of grant of bail, therefore, the order of grant of bail passed by this Court was set aside and the matter is remanded to this Court for its reconsideration. Mr. Joshi submitted that Mr. Malkan may point out which reasons were not relevant. However, Mr. Malkan submitted that when the Hon'ble Apex Court has not thought it fit, then he would not like to state which reasons were not relevant. Learned A.P.P. Mr. P. R. Abichandani was also not in a position to point out any particular reason not relevant and not having bearing on the question of grant of bail.