ABHIJIT PRABHAKAR KONDUSKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Bench has been constituted as per the order of Hon'ble the Chief Justice, pursuant to an oral order dated 27/04/2016 passed by learned Single Judge (Coram: Hon'ble Mr. Justice Anant S. Dave) observing as follows:

(2.) The above issue arose before the learned Single Judge, arising from following facts of the case as well as in view of Circular issued by High Court of Gujarat, as per the decision of the larger bench of this Court in case of Babubhai Bachubhai Bhabhor v. State of Gujarat reported in 2004(3) Gujarat Law Herald 101.

(3.) We have heard learned advocate Ms. Dilbur Contractor for the applicant-accused; Mr. Mitesh Amin, learned Public Prosecutor for the respondent-State of Gujarat and Mr. Devang Vyas, learned Assistant Solicitor General of Union of India with regard to the issue in question.