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(PER : HONOURABLE MR.JUSTICE A.J.DESAI)

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:
"5.   Having   heard   learned   advocates  appearing for the parties and on perusal  of   the   decision   rendered   by   the   larger  bench   of   this   Court   in   Criminal   Misc.  Application   No.   4917   of   2004   and  decision   of   the   Apex   Court   in   the   case  of  Mehboob   Dawood   Shaikh   (supra)  ,   I   am   of  the   view   that   the   issue   namely   whether  observations   made   by   a   larger   Bench   of  this Court in Criminal Misc. Application  NO.   4817   of   2004   relying   on   case   of  Mehboob Dawood Shaikh Vs. State of Maharashtra,  reported in  2004 AIR SCW 527  subsequent bail  applications   for   cancellation   of   bail  under Sections 437(5) and 439(2) of the  Code and for temporary bail need not to  be   placed   before   the   same   Judge.  Further,   such   subsequent   applications  are   required   to   be   placed   before   the  appropriate Court as per the roster will  stricto­sensu  apply   where,   learned   Judge  of   this   Court   is  in   seisin   of   regular  successive   bail   application  and   during  pendency of such successive regular bail  application,   temporary/interim  application is filed by the accused and  the   circular   dated   25.8.2004   issued   by  HC-NIC Page 2 of 11 Created On Sat Apr 08 00:42:50 IST 2017 R/CR.MA/2611/2016 JUDGMENT Joint   Registrar,   High   Court   of   Gujarat  does   not   deal   with   such   a   situation.  Therefore,   in   my   view,   it   is   not   clear  whether   such   successive/   temporary/  interim bail application is to be placed  and   heard   by   the   same   learned   Judge   or  to   be   placed   and   heard   by   the  appropriate   Court   as   per   the   roster   or  as per specific order passed by Hon'ble  the Chief Justice."
Hon'ble Mr.Justice Anant S. Dave) and ultimately the same was rejected by a reasoned order.
The applicant having received some more material, preferred another bail application before this Court u/s.439 of HC-NIC Page 3 of 11 Created On Sat Apr 08 00:42:50 IST 2017 R/CR.MA/2611/2016 JUDGMENT the Code, being Criminal Misc. Application No.17689 of 2014. Being a successive bail application, the same was placed for hearing before the same Judge (Coram: Hon'ble Mr.Justice Anant S. Dave), who had dealt with the case of the accused in past, in view of the Circular dated August 25, 2004 issued by the High Court in pursuant to a judgement delivered by larger bench of this Court in Criminal Misc. Application No.4817 of 2004 dated 12/08/2004 reported in the case of Babubhai Bachubhai Bhabhor (Supra). During the pendency of the successive bail application, the applicant preferred an application, being Criminal Misc. Application No.2611 of 2016 in the successive bail application and prayed that he may be granted interim bail during the pendency of the successive regular bail application, which was pending for hearing from 2014.

8. As far as the present applicant - accused is concerned, he had filed a successive regular bail application being Criminal Misc. Application No.17689 of 2014, which was listed for hearing as per Circular dated August 25, 2004. During the pendency of the said application, the applicant- accused filed another Criminal Misc. Application No.2611 of 2016 and prayed as under:

"8(A)  Your   Lordship   may   be   pleased   to   grant  interim  bail  to the applicant during the  pendency   of   the   regular   bail   application  being   Criminal   Misc.   Application  No.17689/2014   in   connection   with   FIR  registered   with   File   No.DRI/AZU/NDPS­ 1/2011   pending   with   DRI,   Ahmedabad   and  registered as Special Civil Case No.5 of  2012 pending before the Sessions Court at  Ahmedabad.
 

9. If the prayers are perused, the applicant had requested the Court to release him on interim bail i.e. till the successive bail application is heard and finally decided. In our views, there is a difference between interim bail and temporary bail. Therefore, when an applicant makes a prayer to release him for interim bail i.e. till the successive bail application is decided, the concerned Judge has to deal with the case on merits. Essentially it is in the nature of interim relief pending consideration of prayer for regular bail. If an application is filed for interim bail, which would not be for a specific period, the same would require detailed scrutiny of evidence, therefore, in our views, it should be heard by the Judge, who is in-charge of the successive bail application. Even procedurally, such application for interim bail would be filed 'In' the main application for regular bail and therefore will always tag along with such proceedings.