CR.RA/585/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 585 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= NITESH @ NITIN KHAMBHALIYA SHIVLAL KANOJIYA - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR AM PAREKH WITH MR RN JASKIA for Applicant(s) : 1, MR MR MENGDEY, APP for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 05/09/2008 ORAL JUDGMENT 1. Rule. Mr.M.R.Mengdey, learned Additional Public CR.RA/585/2008 2/5 JUDGMENT Prosecutor waives service of notice of Rule on behalf of respondent-State of Gujarat. With the consent of learned advocates appearing for the respective parties, the revision application is taken up for final hearing today. 2. Present revision application is filed by the petitioner-original accused No.1 to quash and set aside the impugned orders dated 13.5.2008 and 21.5.2008 passed by the learned Additional Sessions Judge/Sessions Judge, Bharuch with a further request to cancel non-bailable warrant issued against the petitioner by the learned Sessions Judge, Bharuch in Sessions Case No.124 of 2007 and to convert the same into bailable warrant. It is also further prayed to direct the learned Sessions Judge, Bharuch to accept the fresh surety of the petitioner and release the petitioner. 3. Shri A.M.Parekh, learned advocate appearing on behalf of the petitioner has heavily relied upon the order passed by the learned Single Judge of this Court dated 4.8.2008 (Coram: H.B.Antani, J. ) passed CR.RA/585/2008 3/5 JUDGMENT in Criminal Revision Application No.531 of 2008 by which in a similar set of circumstances the learned Single Judge has quashed and set aside the issuance of non-bailable warrant and converted it into bailable warrant. 4. Shri Parekh, learned advocate appearing on behalf of the petitioner has submitted that the surety of Rs.25,000/- is already fortified and the applicant be saddled with the costs of Rs.5,000/- for quashing and setting aside the order of non-bailable warrant and/or converting it into bailable warrant. He has also filed an undertaking to the effect that the applicant will remain present before the learned trial court in the aforesaid Sessions Case No.124 of 2007 on each and every adjournment and as and when so directed by the learned Additional Sessions Judge. 5. Considering the above and the order passed by the learned Single Judge dated 4.8.2008 passed in Criminal Revision Application No.531 of 2008 and having heard the learned advocate appearing on behalf of the petitioner as well as Shri M.R.Mengdey, CR.RA/585/2008 4/5 JUDGMENT learned APP appearing on behalf of the State, the orders passed by the learned trial court dated 13.5.2008 and 21.5.2008 passed by the learned Additional Sessions Judge/Sessions Judge, Bharuch are hereby quashed and set aside and the non-bailable warrant issued against the petitioner is converted into bailable warrant in the sum of Rs.25,000/-, and accordingly the petitioner is ordered to be issued a bailable warrant in the sum of Rs.25,000/-. The petitioner shall also file a fresh surety of Rs.25,000/-. The aforesaid would be on condition that the petitioner shall deposit Rs.5,000/- as an exemplary costs for not remaining present before the learned trial court on the relevant dates and the same shall be deposited by the petitioner within a period of one week from today, and on such deposit, the learned trial court is directed to transmit the same to the District Legal Aid Committee. The petitioner is also directed to comply with the undertaking filed today dated 5.9.2008 which is directed to be taken on record and it is directed that the petitioner shall remain present on each and every adjournment before the learned trial court, CR.RA/585/2008 5/5 JUDGMENT failing which, necessary consequences will follow. 6. Rule is made absolute accordingly. Direct service is permitted. ( M.R. SHAH, J. ) syed/