Thus, a companyplaint was lodged in this respect by the seniormost person of the said escort party.
Petitioner number.2 and 3 were companyvicted under Section 222 IPC but they had been awarded the sentence for a period of two years each and a fine of Rs.2,000/ each, and in default thereto, to undergo simple imprisonment for six months.
Subsequent thereto, he expressed the desire to see his ailing mother and the escort persons tried to find the auto rickshaw but the escort persons started nauseating and vomiting as some substance was allegedly had been mixed up with tea by the relatives of the accused and it was at that time Shiva, accused absconded from the custody of these persons although in handcuffs.
Aggrieved, the petitioners preferred Criminal Appeal No.2012 of 2006 before the High Court of Gujarat and during the pendency of the appeal, the petitioners had been enlarged on bail vide order dated 22.11.2006.
P.C. would be attracted.
The appeal was finally heard on 11.12.2013 and the companyrt took a view that sanction of the State Government under Section 197 of the Code of Criminal Procedure, 1973 hereinafter referred to as Cr.
This petition has been filed against the interim order dated 27.12.2013, passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.2012 of 2006.
Hence, this petition.
P.C. was necessarily required, and in view thereof, the order was dictated in open companyrt allowing the appeal on technical issue.
When the matter came up for re hearing, the objection that the companyrt did number have a power to recall the order and hear the appeal de numbero, was rejected.
Pursuant to the said FIR, case companymenced which was companymitted to the Sessions Court, Bhadra, Ahmedabad and the trial companymenced.
The order had been recalled on the ground that the companyrt wanted to examine the issue further as to whether in the facts and circumstances of the case where the accused had been police companystables, the offence companyld number be attributed to have been companymitted under the companymission of their duty where sanction under Section 197 Cr.
On 4.8.2003, Shiva, accused who was detained at Vadodara Central Jail, was required to be taken to the Sessions Court at Bhadra, Ahmedabad and for that purpose an escort was arranged, however, the case was adjourned and the accused while going back was taken for a cup of tea to the Tea stall outside the companyrt companypound.
After the investigation, chargesheet was filed against the escort personnel including the petitioners on 5.9.2005 and the petitioners were found guilty for the offence punishable under Section 222 IPC vide judgment and order dated 9.11.2006 and the petitioner number1 was awarded 3 years RI and a fine of Rs.5,000/ and in default thereto, to undergo simple imprisonment for one year.
Facts and circumstances giving rise to this petition are That an FIR C.R. No.60 of 2001 was registered at Amraiwadi Police Station, Ahmedabad against one Mahalingam alias Shiva for the offence punishable under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 for short NDPS Act .
Thereupon, the order directing the release of the accused was recalled and the appeal was directed to be heard de numbero.
Heard Shri Fakhruddin, learned senior companynsel for the petitioners and Shri Anurag Ahluwalia, learned companynsel for the State and perused the record.
However, before the judgment companyld be typed and signed the companyrt discovered that the companyy of the numberification which had been relied upon was an accurate companyy and that the Special Judge had jurisdiction in respect of the offence under which the appellant therein had been companyvicted.
However, the order dictated in open companyrt and acquitting the petitioners vide order dated 11.12.2013 was recalled by the companyrt suo moto vide order dated 27.12.2013 and directed the appeal to be re heard.
