On 11.02.2015, following order was passed by Co- ordinate Bench of this Court in Criminal Misc. Application No.2978 of 2015.
"Superintendent of Police, Sabarkantha shall remain present on 12.02.2015 to explain as to why custody of the accused has not been given to the learned Magistrate to call for explanation of the learned Magistrate, Modasa.
S.O. to 12.02.2015.
(K.J.THAKER, J) FURTHER ORDER After the aforesaid order is passed, Mr.Nirav Mehta, learned advocate for the appellant states that his client viz. Ismailbhai Sidiqubhai Dadu is present before this Court. As per the oral direction issued by this Court on 10.02.2015 after 6:30 p.m., he was permitted to go by the Police Officer, on an oral undertaking that he shall remain present before this Court. Today, he is present before this Court. Therefore, the aforesaid order is kept in abeyance.
R/CR.A/835/2005 ORDER The accused-appellant is ordered to be released only on an undertaking to be filed before this Court that he shall remain present before this Court on 27.02.2015. Mr.Mehta, learned advocate shall file his Vakalatnama for the accused on or before 25.02.2015. This order be transmitted to the Trial Court so that in future, it may not commit such a mistake.
Accordingly, this application is disposed of. Direct Service is permitted, today. This order be sent by fax to the learned Magistrate Court, Modasa."
Today, Mr. Niral Mehta, learned counsel for the respondent No.2 is present before the Court, as also the respondent No.2-accused in person. He assures upon on instructions from his client that at the event of other call made by this Court, his client will be present before the Court. In view of assurance given by Mr. Niral Mehta, learned counsel for the respondent No.2-accused, respondent No.2-accused is permitted to appear through his counsel.
The matter is adjourned to 15.04.2015.
(Z.K.SAIYED, J.) siddharth// Page 2 of 2