Reliance is also
placed on the consequential Judgment of the Hon'ble Gujarat High
Court in the said matter, i.e., Asim @ Munmun @ Asif Abdulkarim
Vs. State of Gujarat, decided on 29th September, 2021, whereby
after remand of the matter, Hon'ble Gujarat High Court was pleased
to allow the application under Section 391 of the Code of Criminal
Procedure filed by the appellant/accused therein.
In view of aforesaid and principle laid down by the Hon'ble Apex Court in
Rambhau (supra), principle laid down by Hon'ble Apex Court in Asim @
Munmun (supra) does not help applicant in any manner whatsoever.
6. They refer the fact that an application under Section 391 of Cr.P.C.
was preferred at appellate stage for bringing additional facts/documents on
record but without deciding the same, final judgment has been passed. Learned
counsel for the petitioners relied upon the order dated 20.01.2020 passed by
Hon'ble Apex Court in the case of Asim @ Munmun @ Asif Abdulkarim
Solanki Vs. The State of Gujarat reported in 2019 Lawsuit (Guj) 678 in
support of submission.
4. While dismissing the appeal, the learned Single Judge of the
Delhi High Court did not advert to the pending application
bearing Application No.916 of 2011 invoking Section 391 of the
Cr.P.C. The aforesaid procedure adopted is contrary to the law
laid down by this Court in Asim Alias Munmum Alias Asif
Abdulkarim Solanki versus State of Gujarat reported in (2021) 16
SCC 459.
In support of his contention, he has
placed reliance on a judgment passed by the Apex Court in the case of Asim vs.
State of Gujarat reported in (2021) 16 SCC 459, in which the Apex Court has held
that " we are of the opinion that it is desirable that an application filed under
Section 391 should be heard immediately after it is filed without waiting for the
appeal to be finally heard".