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1991 Supreme(Guj) 288

B.J.SHETHNA
SHYAMDUTT UPADHYAY – Appellant
Versus
STATE – Respondent


Advocates Appeared: E.E.SAIYED, S.T.MEHTA

SHETHNA, J.

( 1 ) THE petitioners have earlier filed Miscellaneous Criminal application No. 2412 of 1991, which was withdrawn on 14-8-1991. However, though Mr. Saiyed, learned Advocate himself appeared in the matter also, no such averment is made in this petition. Not even a statement is made in this application that except this application, no other application is filed before this Court or before the Supreme Court.

( 2 ) WHEN I had called upon Mr. Saiyed to explain about the same, he submitted that he has made an averment in para-9 which reads as under: during the investigation, one bail application was filed but was withdrawn. this statement is absolutely vague. It leads neither here nor there. However, Mr. Saiyed stated that he wants to explain the same. Therefore, leave to amend is granted.

( 3 ) BY way of an amendment, Mr. Saiyed has stated at the end of para-9 in this application as under : it is submitted that at the time of Bail Application No. 2412 of 1991 the chargesheet was not with the Advocate, though it was submitted in the court. from the order passed by the learned Additional Sessions Judge on 26/07/1991 in Bail Application No. 602 of 1991, it has become more tha





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