( 1 ) APPREHENDING immediate danger to their respective life, limb and liberty at the hands of Rajesh @ Raju Chandulal Gandhi and others, the respondent-accused herein, two petitioners, viz. , Umaben W/o of Girish Ambalal and Rakesh Pravinchandra Kinariwala, by these two Miscellaneous Criminal applications under Sec. 482 of the Code of Criminal Procedure, 1973, have moved this Court inter alia praying for the immediate relief / direction, namely : (i) that whenever any bail application is filed by the respondent-accused and any of his coaccused, they be specifically directed to join both of them (petitioners) as party to the said proceedings alongwith the State of Gujarat and (ii) accordingly, the office of High Court (Criminal Branch) on respondent-accused filing bail application be directed to inform the petitioners about the same at their cost, so as to enable them in the first instance to know that accused have moved for the bail and therefore, to be on guard, and in the second instance, to adequately assist the Honble Court and thereby to oppose the bail application. In substance, these two petitions are more or less in nature of "caveat" proceedings. There is an express provision regarding the "caveat" under Sec. 148-A of the Code of Civil Procedure, 1908 which is quite unknown to the Code of Criminal Procedure, 1973, and in that view of the matter, these two petitions requires in-depth consideration.

( 2 ) TO briefly narrate the few relevant facts leading to filing of these two petition, in the first instance, according to the petitioner Umaben, widow of Girish Ambalal gandhi, her husband on 26th November, 1992 gave a complaint at the Astodiya police Station, Ahmedabad for the alleged offences punishable under Secs. 307, 452 of the Indian Penal Code and under Sec. 25 (1) of the Arm Act against Rajesh @ Raju chandulal Gandhi, the respondent herein. This came to be registered as I-C. R. No. 284 of 1992 and thereafter on the charge-sheet being filed before the Court, the same came to be registered as Sessions Case No. 285 of 1993. After the said offences came to be registered against him, accused - Rajesh @ Raju preferred a bail application, the same being Miscellaneous Criminal Application No. 2646 of 1992 in the Court of learned City Sessions Judge at Ahmedabad, which was allowed and he was ordered to be released on bail. Further, according to the petitioner thereafter accused Rajesh entering into the conspiracy with two other accused persons, namely, sachin @ Pavan Mukesh Gandhi and Kumar @ Duniya Rajnikant Gandhi murdered girish A. Gandhi (the informant in I-C. R. No. 284 of 1992; Astodiya Police Station); on 7th February, 1983, and as a result of which the second petitioner, namely; Rakesh pravinbhai Kinariwalla filed a complaint for the alleged offence against the said accused persons under Secs. 302, 120 (B), 452, 506 (2) of the Indian Penal Code; under Sec. 25 (1) (b) of the Arms Act and under Sec. 135 of the Bombay Police act, 1951, which came to be registered as I-C. R. No. 49 of 1993 at Vatva Police station. According to the petitioners, accused Rajesh @ Raju having ex facie already once misused the liberty granted in his favour when released on bail by the City sessions Court, and that too to the serious most extent of committing murder of girish Namdar a Complainant in a case against them and further since the fact that he is a habitual offender, they have the reasonable apprehension that if under one pretext or the other they (accused) manage themselves to obtain even the temporary bail even for some days, and for that purpose even for few hours, then in that case they (petitioners) also in turn would not be spared and liquidated in order to smoothen their acquittal before the Court. According to the petitioner Umaben, precisely for this reason only that she was constrained to file an application for cancellation of the bail before the learned City Sessions Court on 20th April, 1994 which came