Bharat Malubhai
Modhwadia Vs. State of Gujarat & ANR [2008] INSC 1944 (14 November 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CRIMINAL APPELLATE JURISDICTION SLP (Crl.) Nos. 3911/2008 and
4039/2008 Bharat Malubhai Modhwadia ...
Petitioner VERSUS The
State of Gujarat and another ...Respondents
1.
The
petitioner is aggrieved by an interim order granting stay of operation of the
order dated 29th of March, 2008 passed by the Trial Court in exercise of its
powers conferred by Section 319 of the Code of Criminal Procedure (in short,
"The Code"). By the order dated 29th of March, 2008, the Additional
Sessions Judge and Presiding Officer, Fast Track Court, Porbandar allowed an
application under Section 319 of the Code and directed that bailable warrant of
Rs. 25000/- be issued against Sh. Babubhai Bhimabhai Bokhria and also directed
his production as accused in the further proceedings of the case.
2.
Against
the aforesaid order, a Special Criminal Application has been filed, which is
now pending decision. By way of an interim relief, the aforesaid order of the
Additional Sessions Judge and Presiding Officer, Porbandar dated 29th of March,
2008 was stayed.
3.
Against
the aforesaid interim order of the High Court, this Court on 16th of May, 2008
passed the following order by way of an interim measure:- "Issue notice.
Learned counsel
appearing on behalf of Respondent No. 2 accepts notice. He submits that the
case is complete and has been listed for judgment tomorrow. He may file his
counter affidavit within four weeks. Meanwhile, in case any order is passed it
may be subject to the final order passed by this Court.
Issue notice to other
respondents also."
4.
However,
an application was filed by the petitioner for vacating the interim order
granted by the High Court in the aforesaid pending application before it. By an
order dated 6th of May, 2008, the application for vacating the interim order,
as indicated hereinabove, was however rejected by a learned Judge of the High
Court, against which another Special Leave Petition being SLP (Crl.) No. 4039
of 2008 has been filed in this Court, in which the following order was passed
:- "Issue notice.
Learned counsel
appearing on behalf of Respondent No. 2 accepts notice. He submits that the
case is complete and has been listed for judgment tomorrow. He may file his
counter affidavit within four weeks. Meanwhile, in case any order is passed it
may be subject to the final order passed by this Court.
Issue notice to other
respondents also."
5.
The
aforesaid two Special Leave Petitions came up for hearing before us. After
giving hearing to the learned Senior counsel appearing for the parties and
after going through the impugned orders and without going into the merits of
the questions raised before us on the application under Section 319 of the
Code, we feel it proper to dispose of the SLPs in the following manner :- a)
Since the Special Criminal case is now pending before the High Court, we feel
it proper to request the High Court to decide the said case within a period of
four 3 weeks from this date without granting any unnecessary adjournments to
either of the parties.
b) In the event, the
decision has not yet been arrived at in the trial, in that case, the judgment
shall not be pronounced by the trial Court for a period of four weeks from this
date.
6.
With
the aforesaid directions, these Special Leave Petitions are disposed of.
.............................J.
[TARUN CHATTERJEE]
............................J.
[V.S. SIRPURKAR]
New
Delhi;
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