STATE OF GUJARAT Vs. BHARAT CHIMANLAL PATEL

JUDGEMENT

(1.) RULE . Mr. M.J. Buddhbhatti, Ld. Adv. for respondent waives service of rule on behalf of respondent. With the consent of Ld. Advocates for parties matter is finally heard today.

(2.) BY this application under Section 482 of Cr. P.C. (Code) the order of remand recorded by this Court in Cri. Appeal No. 624/94 on 5 -8 -1998 is sought to be recalled on the ground of apparent and evident mistake which has resulted into miscarriage of justice.

(3.) LD . Advocate Mr. M.J. Buddhbhatti appeared for the accused whereas the Ld. A.P.P. Mr. Desai appeared for the State. It was jointly submitted that the order dated 5 -9 -1998 recorded by this Court in the Cri. Appeal No. 624/94 is required to be recalled and the appeal is required to be restored for being decided on merits as the statement of fact upon which the said order came to be passed by us was subsequently noticed by the Ld. Adv. appearing for the accused and the Ld. A.P.P. to be inaccurate and not correct. It would be expedient rather imperative to quote para 8 of our order, dated 5 -8 -1998 : "The contention of the Ld. Adv. Mr. Buddhbhatti that the approach of the Trial Court in consolidating the criminal cases and recording the evidence in one trial and placing of copies in another trial is impermissible. It is further submitted that it has caused serious prejudice to the accused. No reply could be successfully given by the Ld. A.P.P. for the obvious reasons. We also find that the approach of the Trial Court in adjudicating upon the criminal trial having serious charges in a manner as it was done by placing copies of common evidence led in another sessions case is not justified. We are, therefore, satisfied that the impugned judgment of the trial Court in so far as the original accused No. 1, respondent No. 2 Bharat Chimanbhai Patel is concerned is required to be quashed and set aside and is therefore accordingly quashed and set aside. In the peculiar facts and circumstances there is no other alternative except to set aside the impugned judgment and order and direct the Trial Court for retrial. The trial Court is, therefore, directed to conduct trial de -novo in accordance with law and expeditiously, to that extent the appeal shall stand partly allowed."