( 1 ) HEARD ld. counsel Mr. AD Shah for the petitioner. In compliance with the order passed by the Court, the papers of investigation have been brought before the Court today. On perusal, it appears that the present petitioner is shown absconding in the chargesheet prepared on 20. 03. 2004 and submitted to the Court on 28. 04. 2004. From the document annexed to the petition at page-9 and the decision dated 29. 07. 2004, Annex. B at page-10 of this Court in Spl. Cri. Application No. 94/2004, it is clear that the petitioner was protected from formal arrest by the orders passed by the Court. So, it, prima facie, emerges from the record that except the statement of main accused who has been chargesheeted, no independent evidence is available. On careful consideration of the papers of investigation tendered before the Court today and ratio of the decision of this Court in the case of Ranjitsinh Dolatsinh Waghela v/s State of Gujarat (Cri. Misc. Application No. 7323/2001) decided on 18. 01. 2002, there is ample force in the say of ld. counsel Mr. Shah that the prosecution instituted against the petitioner can not sustain.

( 2 ) THIS Court while dealing with the above-cited