Rudrapratapsinh Hemantkumar Patel ... vs State Of Gujarat on 16 January, 2024
[7.2] Considering the peculiar facts of the present case, the
authorities relied on by the learned advocate for the petitioner
on the (i) oral dated 09.09.2022 passed by the Punjab & Haryana
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NEUTRAL CITATION
R/SCR.A/10357/2023 ORDER DATED: 16/01/2024
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High Court in the case of Kuldeep Singh vs. Union of India and
Others rendered in CWP No.19331 of 2022; (ii) decision dated
29.10.2021 of the coordinate Bench of this Court in the case of
Patel Ankurbhai Shapurji vs. State of Gujarat & 2 Others rendered
in Special Criminal Application No.9799/2021; (iii) order dated
01.10.2015 passed by the Punjab & Haryana High Court in the
case of Daler Singh vs. Union of India and Others rendered in
CWP No.12143 of 2015 and (iv) order dated 03.02.2023 passed by
Kerala High Court in the case of Akshay Kiran @ Arjun vs. State of
Kerala rendered in Crl. M. C. No.662 of 2023 would not be of any
assistance to the petitioner as the facts in the said cases were
different from the facts of the case on hand as in the present
case, the petitioner is already in Canada and in the present case,
presence of petitioner - accused is required to be secured by the
Investigating Officer and hence, arguments canvassed by the
learned APP deserves consideration. The respondent shall have
liberty to take appropriate steps to secure the presence of
accused as the accused remained absconding.