RAJENDRASINH NARUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application, the applicants, the appellant Nos. 2 to 4 of Criminal Appeal No. 727 of 2004, have prayed for passing appropriate order reviving the order of bail passed by a Division Bench of this Court in Criminal Misc. Application No. 8486 of 2004 in Criminal Appeal No. 727 of 2004, as the Supreme Court has set aside the order of acquittal of the present applicants and remanded the matter to this Court for fresh decision.

(2.) IT appears that against the order of conviction passed by the learned Sessions Judge under section 302 of the Indian Penal Code, the present applicants who were appellant Nos. 2 to 4 in the main appeal along with appellant No.1, who is not party to this proceeding, preferred Criminal Appeal No. 727 of 2004 before this Court. In such appeal, on the application of the applicants, being Criminal Misc. Application No. 8486 of 2004, a Division Bench of this Court granted suspension of sentence so far the present applicants were concerned, on some conditions indicated in the said order.

(3.) BEING dissatisfied, the State of Gujarat preferred Special Leave Application before the Supreme Court and the Supreme Court, by order dated 3rd March 2014 has set aside the order of acquittal against the present applicants and remanded the matter to this Court for fresh adjudication on merit after proper examination of the entire evidence and the submissions made by the parties.