Full Judgment Text
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CASE NO.:
Appeal (crl.) 734 of 2007
PETITIONER:
Prahalad Prabhudas Patel and others
RESPONDENT:
State of Gujarat
DATE OF JUDGMENT: 15/05/2007
BENCH:
B.P. SINGH & ALTAMAS KABIR
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO.734 OF 2007
(Arising out of SLP(Crl.) No. 1357 of 2006)
WITH
CRIMINAL APPEAL NO.736 OF 2007
(Arising out of SLP(Crl.) No. 1568 of 2006)
Prahaladbhai Prabhudas Patel and others \005. Appellants
Versus
State of Gujarat \005. Respondent
AND
CRIMINAL APPEAL NO.735 OF 2007
(Arising out of SLP(Crl.) No. 1570 of 2006)
Prahaladbhai Prabhudas Patel and others \005. Appellants
Versus
State of Gujarat \005. Respondent
B.P. SINGH, J.
1. Special leave granted in all the special leave petitions.
2. These special leave petitions were placed for hearing before us
and after hearing the parties we proposed to dispose of the matters at
the admission stage itself. We, therefore, reserved our order. Later
we were informed by counsel appearing on behalf of appellants in
another appeal (Crl. A. No. 1113/2005 etc. etc.) that appeals
involving the same issues had been directed to be heard by us. We,
therefore, did not deliver judgment and awaited hearing of the other
appeals. Ultimately those appeals were heard by us and we have
referred the appeals to be heard by a larger bench by our order dated
22.2.2007.
3. In appeals arising out of SLP (Crl.) Nos. 1568/2006 and
1570/2006, the questions involved inter alia relate to the effect of
recommendation made by the Review Committee under the
provisions of The Prevention of Terrorism Act, 2002 as amended by
Ordinance of 2003. Similar questions are also involved in Crl. A.
No. 1113/2005 and other connected matters, though that case relates
to similar provisions in Prevention of Terrorism (Repeal) Act, 2004,
which we have referred to a larger Bench. We are, therefore, of the
view that the appeals arising out of SLP (Crl.) Nos. 1568/2006 and
1570/2006 should also be considered by a larger Bench and, if so,
directed by the Hon’ble Chief Justice, may be heard along with Crl.
A. No. 1113/2005 and other connected matters which are pending
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hearing before a larger Bench.
4. In criminal appeal arising out of SLP (Crl.) No. 1357/2006 the
appellants have impugned the order of the High Court dated 9.3.2006
dismissing their application for discharge under Section 227 of the
Code of Criminal Procedure. We notice that criminal appeals giving
rise to SLP(Crl.) Nos. 1357/2006, 1568/2006 and 1570/2006 were
heard together by the High Court but the appeal giving rise to
SLP(Crl.) No. 1357/2006 was disposed of by a separate judgment. If
criminal appeals arising out of SLP(Crl.) 1568/2006 and 1570/2006
are ultimately decided in favour of the appellants, nothing may
survive for consideration in the criminal appeal arising out of
SLP(Crl.) 1357/2006. However, if the appellants do not succeed in
the aforesaid two appeals, the Court may consider the merit of
criminal appeal arising out of SLP (Crl.) No.1357/2006.
5. In these circumstances, we direct that criminal appeal arising
out of SLP (Crl.) No. 1357/2006 may also be heard by a larger bench
alongwith appeals arising out of SLP (Crl.) 1568/2006 and
1570/2006 or soon after the disposal of those two appeals, as the
Hon’ble Chief Justice may direct.
6. Accordingly, we direct that these matters be placed before the
Hon’ble Chief Justice for appropriate directions.