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1994 Supreme(Guj) 5

K.R.VYAS, K.J.VAIDYA
STATE OF GUJARAT – Appellant
Versus
HARISH LAXMAN SOLANKI – Respondent


Advocates Appeared: K.T.DAVE

K. J. VAIDYA, J.

( 1 ). Two questions of quite great public importance baffiling this Court and perhaps many others day-in and day-out have arisen for consideration in this Office Objection matter. They are : Firstly, "whether in view of the hundreds and thousands of the accused who are found not traceable and absconding one after another, after their acquittals, and thereby not available to be served with the Warrants and/or Notices of this Court after the appeals/revisions are admitted against them, in the overall interest of justice, though there is no express provision in the code of Criminal Procedure, 1973 on the point, this Court would be still justified in directing the sub-ordinate Courts to take bonds and bail-bonds from the concerned accused as well as their sureties, by way of security for the purpose of making them available to face not only the investigation and the trial proceedings but also the appellate one and thereby to take ultimate orders that may be passed against them ?" And, as the off-shoot of the first question - Secondly, "whether in a given case if the accused is not released on bail pending trial, and is ultimately acquitted, then in such cases also befo


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