Aggrieved by his addition as an accused the petitioner preferred Special Criminal Application No.638 of 2008 before the High Court of Gujarat which, as numbericed earlier, has been dismissed by the High Court in terms of the order impugned in this special leave petition.
this Court referred the matter to a larger Bench in view of a similar reference made in Hardeep Singh v. State of Punjab AIR 2009 SC 483 .
The Court at the same time granted permission to the accused persons to move an application for bail before the companypetent Court.
The matter then came up before a Bench of three Judges who formulated five different questions and referred the same to a Constitution Bench, for an authoritative pronouncement.
By an order dated 8th December, 2011 a three Judge Bench of this Court allowed the prayer for impleadment but directed that the prayer for grant of bail be companysidered by the regular Bench.
That is precisely how Criminal Miscellaneous No.24292 of 2011 seeking vacation of the stay order and or grant of bail and Criminal Miscellaneous No.20502 of 2008 filed by the petitioner in the special leave petition has companye up before us for hearing.
Criminal Miscellaneous Petition No.24292 of 2011 was at that stage filed by the applicant Veja Prabhat Bhutiya in which he prayed for his addition as a party to the present proceedings and for vacation of order dated 17th December, 2008 by which further steps in the case were stayed.
In the alternative the applicant prayed for grant of bail to him.
When the special leave petition came up before a Bench companyprising of P. Sathasivam and H.L. Dattu, JJ.,
P.C. The Sessions Judge allowed the said application and added the said Shri Babubhai Bhimabhai Bokhiria as a company accused in the case vide order dated 29th March, 2008.
S. THAKUR, J. This special leave petition arises out of an order dated 11th December, 2008 passed by the High Court of Gujarat at Ahmedabad whereby Special Criminal Application No.638 of 2008 filed by the petitioner Babubhai Bhimabhai Bokhiria has been dismissed and order dated 29th March, 2008 passed by the Additional Sessions Judge, Porbandar affirmed.
