ITEM NO.11 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 15139/2023
(Arising out of impugned final judgment and order dated 27-10-2023 in CRLMA No. 14739/2023 passed by the High Court Of Gujarat At Ahmedabad)
GOPAL MAFABHAI JOGARANA Petitioner(s)
VERSUS
THE STATE OF GUJARAT & ANR. Respondent(s)
( IA No. 242860/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 242863/2023 – EXEMPTION FROM FILING O.T.)
Date : 28-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Somesh Chandra Jha, AOR
Mr. Laxmansinh M.zala, Adv.
Mr. Kuldip M.jadeja, Adv.
Mr. Animesh Rajoriya, Adv.
Mr. Akash Kishore, Adv.
For Respondent(s) Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Ms. Neha Singh, Adv.
Mr. Hemal Kiritkumar Sheth, AOR
UPON hearing the counsel the Court made the following
O R D E R
On 18 th January, 2024, the following order was passed :-
In all there were 12 accused, out whom 11 were in judicial custody and one was granted anticipatory bail. Some of the accused are still in custody including the present petitioner. However four of them viz. Accused Nos. 2, 7, 8 and 9 were granted interim bail by the Sessions Court-Trial Court or the High Court some time in the year 2023 and one in the year 2022 and all four of them have not surrendered after the expiry of the period of interim bail.
Ms. Swati Ghildiyal, learned counsel appearing for the respondent-State of Gujarat may communicate this order to the Director General of Police as also to the Secretary, Home Department, Gujarat to ensure that these four absconding accused are forthwith arrested after obtaining Non-Bailable Warrants from the Court concerned within the period of next four weeks and submit the report to this Court.
List the matter on 28 th February, 2024.
By the said date, status report be filed by the State of Gujarat.
An affidavit has been filed in compliance to the said order. However, no fruitful result has been placed on record except that some teams were constituted who have not been able to make any arrest.
We were inclined to pass some strictures against the Investigating Agency and the State on account of its in-action, however, on the request of Ms. Swati Ghildiyal, learned counsel appearing for the State of Gujarat, we grant four weeks further time to ensure
compliance of the order dated 18 th January, 2024. List the matter again on 3 rd April, 2024.
(SONIA BHASIN)
COURT MASTER (SH) (RANJANA SHAILEY)
COURT MASTER (NSH)