Gujarat High Court
State Of Gujarat vs Vijay
Author: D.H.Waghela
Bench: D.H.Waghela
STATE OF GUJARAT....Applicant(s)V/SVIJAY @ PALPAL SHANKARBHAI CHOGLE R/CR.MA/10247/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION NO. 10247 of 2012 In CRIMINAL MISC.APPLICATION NO. 10245 of 2012 In CRIMINAL APPEAL NO. 1034 of 2012 ====================================== STATE OF GUJARAT Versus VIJAY @ PALPAL SHANKARBHAI CHOGLE AND OTHERS ====================================== Appearance: MR RC KODEKAR, APP for the Applicant. ====================================== CORAM: HONOURABLE MR.JUSTICE D.H.WAGHELA and HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 13/02/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The main appeal is arising from an extraordinary case of acquittal of the respondents in the case where eight persons were charged with the offences punishable under Sections 302, 326, 323, 143, 147, 148, 149, 452, 504, 506 (2), 114, 188 and 201 of the Indian Penal Code and Section 135 of the Bombay Police Act, and are acquitted by the shortest possible discussion of evidence running into three pages. Even as the trial Court did exercise its powers and discharged its obligation of taking bail under the provisions of Section 437-A of the Code of Criminal Procedure, the State took its own time in resolving to file an appeal which came to be filed along with application for leave to appeal and application for condonation of delay of three days on 12.7.2012. Thereafter, it is only now, after seven months of filing of the appeal, that the matters are coming up for hearing for the first time before this Court. Having regard to overall facts and circumstances of the case, it is doubtful whether the respondents would now be immediately served notice of Rule required to be issued in the application for condonation of delay. It is even more doubtful that after attempt at serving notice they would be available for hearing of the appeal, either in person or through any advocate. The way the capital crime is committed in the facts of the present case and the way investigation and prosecution has been carried out and the way the trial has been conducted and carried out as a formality and near total failure of law enforcement machinery presents a grim picture of breakdown of the rule of law and failure of judicial system in the critical area of organized crime. The facts of the present case commend themselves for study at higher level and critical examination of the public resources wasted in the name of investigation, prosecution and administration of justice.
2. In the aforesaid peculiar facts and circumstances of the case, instead of issuing notice of Rule in the application for condonation of delay, we order issuance of non-bailable warrants for the respondents for producing the respondents before this Court on 22nd February 2013, in exercise of powers under Section 390 of the Code of Criminal Procedure and in view of the Criminal Appeal having already been presented way back in July 2012. S.O. to 22nd February 2013. A copy of this order along with a copy of the judgment impugned in appeal shall be served upon the Chief Secretary, State of Gujarat, for information and appropriate action. A copy of the order shall be given to learned APP for immediate action.
(D.H.WAGHELA, J.) (G.R.UDHWANI, J.) *malek Page 2 of 2