(1.) Rule. Shri L. R. Poojari, learned APP waives service of notice of rule on behalf of respondent - State. By consent of learned advocate for the parties, rule is fixed forthwith.
(2.) The applicants, who have been some of the accused and appellants before this Court in Criminal Appeal No.837 of 2016 containing challenge to the judgment and order of conviction dated 11 th April 2016 passed by the learned 3rd Additional Sessions Judge, Nadiad in Sessions Case No.291 of 2003 convicting and passing sentence under Section 364 A read with Section 149 of Indian Penal Code have preferred this application under Section - 389 of the Criminal Procedure Code with following prayers.
(3.) The facts in brief requiring for appreciating the submissions for rival parties deserve to be set-out as under :-