Supreme Court - Daily Orders
Afzal Naseebkhan Pathan vs The State Of Gujarat on 4 October, 2019
Bench: Mohan M. Shantanagoudar, Krishna Murari
1
ITEM NO.33 COURT NO.12 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 34541/2019
(Arising out of impugned final judgment and order dated 13-08-2019
in CRLMA No. 1605/2019 passed by the High Court Of Gujarat At
Ahmedabad)
AFZAL NASEEBKHAN PATHAN Petitioner(s)
VERSUS
THE STATE OF GUJARAT & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.149761/2019-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.149763/2019-EXEMPTION FROM
FILING O.T. and IA No.149760/2019-PERMISSION TO FILE PETITION (SLP/
TP/WP/..) )
Date : 04-10-2019 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. Pradhuman Gohil, Adv.
Mrs. Taruna Singh Gohil, AOR
Ms. Ranu Purohit, Adv.
Mr. Shiva P., Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Permission to file the special leave petition is granted. It is brought to the notice of this Court that the High Court has wrongly, on facts, observed that the statement of the independent Signature Not Verified eye witnesses do not reveal the names of the Digitally signed by GULSHAN KUMAR ARORA Date: 2019.10.05 respondents who are released on bail.
11:28:43 IST Reason: As a matter of fact, the
witnesses Rizwankhan Nasibkhan Pathan and Afzal Nasibkhan Pathan are not eye witnesses but they are the witnesses for the 2 circumstance of last seen.
According to the petitioner, the only eye witness on record is the first informant and he has stated the complicity of the respondents herein.
Recording the said submissions, issue notice returnable by four weeks.
Dasti, in addition, is permitted.
(GULSHAN KUMAR ARORA) (R.S. NARAYANAN)
COURT MASTER COURT MASTER