Gujarat High Court
Sanjay Parbatbhai Chauhan vs Central Bureau Of Investigation, on 23 August, 2021
Author: Vikram Nath
Bench: Vikram Nath, Biren Vaishnav
R/CR.A/2163/2019 ORDER DATED: 23/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 2163 of 2019
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE OF
CONVICTION) NO. 2 of 2021
In R/CRIMINAL APPEAL NO. 2163 of 2019
With
R/CRIMINAL APPEAL NO. 2179 of 2019
With
R/CRIMINAL APPEAL NO. 2198 of 2019
With
R/CRIMINAL APPEAL NO. 2194 of 2019
With
R/CRIMINAL APPEAL NO. 2177 of 2019
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
6 of 2020
In R/CRIMINAL APPEAL NO. 2177 of 2019
With
R/CRIMINAL APPEAL NO. 2241 of 2019
With
R/CRIMINAL APPEAL NO. 2196 of 2019
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DINUBHAI BOGABHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Appellant(s) No. 1
MR YASH N NANAVATY(5626) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 3
MR BB NAIK(497) for the Opponent(s)/Respondent(s) No. 3
MR EKANT G AHUJA(5323) for the Opponent(s)/Respondent(s) No. 3
MR RC KODEKAR(1395) for the Opponent(s)/Respondent(s) No. 2
MUKESH G KAPADIYA(8330) for the Opponent(s)/Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 23/08/2021
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) Shri B.B. Naik, learned Senior Counsel appearing for Page 1 of 3 Downloaded on : Mon Aug 30 22:35:25 IST 2021 R/CR.A/2163/2019 ORDER DATED: 23/08/2021 the complainant has placed before the Court an Order of the Supreme Court dated 10.8.2021 passed in Writ Petition(s) Civil No.699 of 2016 in the case of Ashwini Kumar v. Union of India and another. Mr. Naik has drawn our attention of the Court to the last paragraph of the order, according to which, the Supreme Court granted liberty to the applicants therein to request the High Court of Gujarat to adjourn the case which is fixed for today i.e. this group of appeals and the miscellaneous applications therein. It is further informed that the afore-mentioned petition is fixed before the Supreme Court for 25 th August, 2021. Mr. Naik has, therefore, made a request that the hearing of this group of appeals may be deferred.
Mr. Nirupam Nanavati, learned Senior Counsel appearing for the appellants submitted that in case the complainant's side seeks adjournment in this group of appeals, some of the appellants are in jail for the last more than seven years and as such their applications for bail / suspension of sentence may be considered and in that event, he would not have any objection to the hearing of the appeals being adjourned, as long as the prosecution / Page 2 of 3 Downloaded on : Mon Aug 30 22:35:25 IST 2021 R/CR.A/2163/2019 ORDER DATED: 23/08/2021 complainants want.
Considering the facts and circumstances of the case, we direct that this group of matters alongwith the applications for suspension of sentence bearing Criminal Misc. Application No.2/2021 in Criminal Appeal No.2163/2019 be listed again on 26.8.2021.
On the said date, learned counsel for the parties may apprise the Court of the development that may take place before the Supreme Court.
Mr. Naik would be at liberty to file any reply to the application for suspension of sentence in the meantime.
List the matters on 26.8.2021.
(VIKRAM NATH, CJ) (BIREN VAISHNAV, J) VATSAL S. KOTECHA Page 3 of 3 Downloaded on : Mon Aug 30 22:35:25 IST 2021