Sharadchandra Govindrao Bhonseker Vs. State of Gujarat
Appeal: Criminal Appeal No. of 1988.
(In SLP 3487/87)
(In SLP 3487/87)
Petitioner: Sharadchandra Govindrao Bhonseker
Respondent: State of Gujarat
Apeal: Criminal Appeal No. of 1988.
(In SLP 3487/87)
(In SLP 3487/87)
Judges: A.P.SEN & L.M.SHARMA, JJ.
Date of Judgment: May 02, 1988
Cases Reffered:
1. Ushmanbhai Dawoodbhai Memon & Ors. v. State of Gujrat, JT 1988 (1) SC 539.
JUDGEMENT:
O R D E R
1. Leave granted. Arguments heard.
2. In view of the decision of this Court in Usmanbhai Dawoodbhai Memon & Ors. v. State of Gujarat JT (1988) 1 SC 539, this appeal suceeds and is allowed. We really fail to appreciate the observation made by the learned Sessions Judge-cum-Designated Court that the decision in Usmanbhai Dawoodbhai Memon’s case does not lay down any guidelines. It betrays a misconception on the part of the learned Session Judge as to the purport and effect of that decision.
3. We direct that the learned Sessions Judge-cum-Designated Court shall deal with the application for bail made by the appellant in accordance with the direction made in paragraph 18 of the judgment in Usmanbhai Dawoodbhai Menon’s case. The Designated Court shall pending the disposal of the application for bail enlarge the appellant on bail on such terms as it deems fit.
1. Leave granted. Arguments heard.
2. In view of the decision of this Court in Usmanbhai Dawoodbhai Memon & Ors. v. State of Gujarat JT (1988) 1 SC 539, this appeal suceeds and is allowed. We really fail to appreciate the observation made by the learned Sessions Judge-cum-Designated Court that the decision in Usmanbhai Dawoodbhai Memon’s case does not lay down any guidelines. It betrays a misconception on the part of the learned Session Judge as to the purport and effect of that decision.
3. We direct that the learned Sessions Judge-cum-Designated Court shall deal with the application for bail made by the appellant in accordance with the direction made in paragraph 18 of the judgment in Usmanbhai Dawoodbhai Menon’s case. The Designated Court shall pending the disposal of the application for bail enlarge the appellant on bail on such terms as it deems fit.