1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.93/2020 [@ SLP [CRL.] NO.3030/2016] VINU ALIAS VINODBHAI ISHWARBHAI PATEL Appellant(s) VERSUS THE STATE OF GUJARAT Respondent(s) O R D E R Leave granted. On 5.8.2019, we passed the following order: “It appears that before the Sessions Court, there were appeals preferred both by the petitioner and the State for seeking acquittal and enhancement of sentence respectively. Thus, the State had exercised rights under Section 377 of the Code of Criminal Procedure, 1973. The moot point which thus arises before this court is whether the second appeal for enhancement of sentence was maintainable before the High Court as the High Court has set aside the order of the Sessions Court and restored the order of the trial Court.” Learned counsel for the respondent-State fairly states that a second appeal for enhancement of sentence would not be maintainable before the High Court and that came to be filed when the revision petition of the appellant was being decided by the High Court. The aforesaid being the position, the impugned order enhancing
2 the sentence in the second appeal filed by the respondent-State vide order dated 12 th January, 2016 would have to be set aside. Ordered accordingly. The appeal is accordingly disposed of leaving parties to bear their own costs. The appellant be released forthwith. ………………………………………...J. [SANJAY KISHAN KAUL] ………………………………………...J. [K.M. JOSEPH] NEW DELHI JANUARY 14, 2020.
3 ITEM NO.23 COURT NO.12 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No.208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Appellant(s) VERSUS THE STATE OF GUJARAT Respondent(s) Date : 14-01-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) Mr. Sandeep Deshmukh, Adv. Mr. Nachiketa Joshi, AOR Ms. Sucheta Joshi, Adv. Ms. Himadri Haksar, Adv. Mr. Vipul Tiwari, Adv. For Respondent(s) Mr. Aniruddha P. Mayee, AOR Mr. A. Rajarajan, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed order. Pending application, if any, stands disposed of. (ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER [Signed order is placed on the file]
ITEM NO.33 COURT NO.11 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No. 208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) Date : 18-10-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Aniket Seth,Adv. Mr. Nachiketa Joshi, AOR Ms. Sucheta Joshi,Adv. Ms. Himadri,Adv. For Respondent(s) Mr. Aniruddha P. Mayee, AOR Mr. A.Rajarajan,Adv. Mr. Sanjeev Kr.Choudhary,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondent-State seeks some time to examine the legal position and make submissions on the next date. List for disposal on 10 th December, 2019. (ANITA MALHOTRA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
ITEM NO.31 COURT NO.10 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No. 208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) Date : 06-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Nachiketa Joshi, AOR Ms. Suchita Joshi,Adv. Mr. Aniket Seth,Adv. Ms. Himadri Haksar,Adv. For Respondent(s) Mr. Aniruddha P. Mayee, AOR Mr. A.Rajarajan,Adv. Mr. Sanjeev Kr.Choudhary,Adv. Ms. Deepanwita Priyanka,Adv. UPON hearing the counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the respondent-State of Gujarat. As prayed, list after two weeks. (ANITA MALHOTRA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
1 ITEM NO.2 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No.208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (OFFICE REPORT FOR DIRECTION IA No. 6593/2016 - EXEMPTION FROM FILING O.T.) Date : 05-08-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Nachiketa Joshi, AOR Sucheta Joshi, Adv. Mr. Aniket Seth, Adv. Mr. Himadri Haksar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R It appears that before the Sessions Court, there were appeals preferred both by the petitioner and the State for seeking acquittal and enhancement of sentence respectively. Thus, the State had exercised rights under Section 377 of the Code of Criminal Procedure, 1973. The moot point which thus arises before this court is whether the second appeal for enhancement of sentence was maintainable before the High court as the High court
2 has set aside the order of the Sessions Court and restored the order of the trial Court. Issue notice on the special leave petition as well as on the prayer for interim relief, returnable in four weeks Notice be served through standing counsel as well. (POOJA ARORA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
ITEM NO.1 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in Criminal Appeal Enhancement No.208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (OFFICE REPORT FOR DIRECTION ) IA 6593/2016-EXEMPTION FROM FILING OT Date : 29-03-2019 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. Nachiketa Joshi, AOR Ms. Archana Pathak Dave, Adv. Mr. Aniket Seth, Adv. Ms. S. Joshi, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner has no instructions about surrender of the petitioner. The special leave petition is dismissed. Pending application(s), if any, shall also stand disposed of. (POOJA ARORA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
ITEM NO.25 COURT NO.15 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No. 208/2014 passed by the High Court Of Gujarat At Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS THE STATE OF GUJARAT Respondent(s) Date : 28-01-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Once again a request is made by the learned counsel for the petitioner to place some additional documents on record. We find that the petitioner has been mis-utilizing the exemption from surrendering granted vide order dated 11.04.2016 by the Chamber Judge. In fact the special leave petition was even dismissed for non prosecution once. We grant four weeks’ time to the petitioner to file whatever documents petitioner wants but recall the order of Exemption from surrendering dated 11.04.2016 and order the petitioner to surrender before the competent court within one week from today. (NEELAM GULATI) (ANITA RANI AHUJA) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.26 COURT NO.1 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No.208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS THE STATE OF GUJARAT Respondent(s) Date : 27-04-2018 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In terms of the letter circulated by learned counsel for the petitioner, let the matter be listed after two weeks. ( Ch etan Kumar ) (H.S.Parasher) Court Master Assistant Registrar
ITEM NO.41 COURT NO.2 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3030/2016 (Arising out of impugned final judgment and order dated 12-01-2016 in CRLA No. 208/2014 passed by the High Court Of Gujarat At Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS THE STATE OF GUJARAT Respondent(s) (FOR EXEMPTION FROM FILING O.T.) Date : 14-08-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Nachiketa Joshi, AOR (NP) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R None appears for the petitioner even on the second call. The special leave petition is dismissed for want of prosecution. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Assistant Registrar
ITEM NO.19 COURT NO.2 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.3030/2016 (Arising out of impugned final judgment and order dated 12/01/2016 in CRLA No. 208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 04/01/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the petitioner, list the matter after four weeks. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
\230ITEM NO.19 COURT NO.2 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.) No.3030/2016(Arising out of impugned final judgment and order dated 12/01/2016in CRLA No. 208/2014 passed by the High Court of Gujarat atAhmedabad)VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUSSTATE OF GUJARAT Respondent(s)(With appln. (s) for exemption from filing O.T. and interim reliefand office report)Date : 04/01/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIn view of the request made in the letter circulatedon behalf of the petitioner, list the matter after fourweeks.(Chetan Kumar)Court Master (H.S. Parasher)Court Master
ITEM NO.8 COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.3030/2016 (Arising out of impugned final judgment and order dated 12/01/2016 in CRLA No. 208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 22/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the petitioner, list the matter after four weeks. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
SECTION IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.)NO. 3030 OF 2016 VINU ALIAS VINODBHAI ISHWARBHAI PATEL ...Petitioner VERSUS STATE OF GUJARAT ...Respondent OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 02.05.2016, when the Hon'ble Court was pleased to pass the following order: “In terms of the letter circulated by learned counsel for the petitioner, let the matter be listed after four weeks.” It is submitted that in view of the letter dated 29.04.2016, circulated before the Hon'ble Court, Counsel for the Petitioner has not filed additional documents so far. The matter above mentioned is listed before Hon'ble Court with this office report. Dated this the 19 th day of July, 2016. ASSISTANT REGISTRAR COPY TO: Mr. Nachiketa Joshi, Advocate ASSISTANT REGISTRAR c3
ò ITEM NO.8 COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.3030/2016 (Arising out of impugned final judgment and order dated 12/01/2016 in CRLA No. 208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 22/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the petitioner, list the matter after four weeks.Signature Not Verified (Chetan Kumar) (H.S. Parasher)Digitally signed by Court Master Court MasterCHETAN KUMARDate: 2016.07.2310:14:40 ISTReason:
ITEM NO.24 COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3030/2016 (Arising out of impugned final judgment and order dated 12/01/2016 in CRLA No.208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (with appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 02/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Nachiketa Joshi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In terms of the letter circulated by learned counsel for the petitioner, let the matter be listed after four weeks. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
ITEM NO.22 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)............./2016 CRLMP No(s). 6203/2016 (Arising out of impugned final judgment and order dated 12/01/2016 in CRLA No. 208/2014 passed by the High Court of Gujarat at Ahmedabad) VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) CRLMP. 6203/2016(with exemption from surrendering) Date : 11/04/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA [IN CHAMBERS] For Petitioner(s) Mr. Nachiketa Joshi,Adv. Mrs. Sucheta Joshi, Adv. Mr. Ritwiz Rishabh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Crl.MP.No.6203/2016 for exemption from surrendering is allowed. (SWETA DHYANI) (S.S.R. KRISHNA) SR.P.A. ASSISTANT REGISTRAR
\212ITEM NO.22 COURT NO.7 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.)............./2016 CRLMP No(s). 6203/2016(Arising out of impugned final judgment and order dated 12/01/2016in CRLA No. 208/2014 passed by the High Court of Gujarat atAhmedabad)VINU ALIAS VINODBHAI ISHWARBHAI PATEL Petitioner(s) VERSUSSTATE OF GUJARAT Respondent(s)CRLMP. 6203/2016(with exemption from surrendering)Date : 11/04/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE N.V. RAMANA [IN CHAMBERS]For Petitioner(s) Mr. Nachiketa Joshi,Adv. Mrs. Sucheta Joshi, Adv. Mr. Ritwiz Rishabh, Adv.For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Crl.MP.No.6203/2016 for exemption from surrenderingis allowed. (SWETA DHYANI) (S.S.R. KRISHNA) SR.P.A. ASSISTANT REGISTRAR