JAYVIJAYSINH KISHORSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. N.D. Nanavati learned Senior Counsel with Mr. H.C. Buch and Mr. Satyam Y. Chhaya learned advocates for the appellant and Mr. P.K. Jani learned Government Pleader for the respondent-State.

(2.) Both these appeals arise out of the judgment and order dated 19.8.2013 passed by the learned Single Judge in Special Civil Application No. 8955/2013, whereby, the learned Judge has dismissed the writ petition qua petitioner no. 2 and allowed the writ petition qua petitioner no. 1. Therefore, Letters Patent Appeal No. 1032/2013 is preferred by the appellant Jayvijaysinh Kishorsinh Chauhan and Letters Patent Appeal No. 1185/2013 is preferred by the State.

(3.) The matter of third detenue has been decided by this Court in LPA No. 1134/2013, who had preferred Special Civil Application No. 8718 of 2013 and his case is remanded to the learned Single Judge. The observations in para 10 and 11 of the said decision will apply to the facts of the appellant-detenue before us.