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CASE NO.: Appeal (crl.)  734 of 2007

PETITIONER: Prahalad Prabhudas Patel and others

RESPONDENT: State of Gujarat

DATE OF JUDGMENT: 15/05/2007

BENCH: B.P. SINGH & ALTAMAS KABIR

JUDGMENT: JUDGMENT

O R D E R

CRIMINAL APPEAL NO.734 OF 2007 (Arising out of SLP(Crl.) No. 1357 of 2006) WITH CRIMINAL APPEAL NO.736 OF 2007 (Arising out of SLP(Crl.) No. 1568 of 2006) Prahaladbhai Prabhudas Patel and others         \005. Appellants  Versus State of Gujarat                                                \005. Respondent  AND CRIMINAL APPEAL NO.735 OF 2007 (Arising out of SLP(Crl.) No. 1570 of 2006) Prahaladbhai Prabhudas Patel and others         \005. Appellants         Versus

State of Gujarat                                                \005. Respondent  

B.P. SINGH, J.

1.      Special leave granted in all the special leave petitions.  

2.      These special leave petitions were placed for hearing before us  and after hearing the parties we proposed to dispose of the matters at  the admission stage itself.  We, therefore, reserved our order.  Later  we were informed by counsel appearing on behalf of appellants in  another appeal (Crl. A. No. 1113/2005 etc. etc.) that appeals  involving the same issues had been directed to be heard by us.  We,  therefore, did not deliver judgment and awaited hearing of the other  appeals.  Ultimately those appeals were heard by us and we have  referred the appeals to be heard by a larger bench by our order dated  22.2.2007.   

3.      In appeals arising out of SLP (Crl.) Nos. 1568/2006 and   1570/2006, the questions involved inter alia relate to the effect of  recommendation made by the Review Committee under the  provisions of The Prevention of Terrorism Act, 2002 as amended by  Ordinance of 2003.  Similar questions are also involved in  Crl. A.  No. 1113/2005 and other connected matters, though that case relates  to similar provisions in Prevention of Terrorism (Repeal) Act, 2004,   which we have referred to a larger Bench.  We are, therefore, of the  view that the appeals arising out of SLP (Crl.) Nos. 1568/2006 and  1570/2006 should also be considered by a larger Bench and,  if so,  directed by the Hon’ble Chief Justice, may be heard along with Crl.  A. No. 1113/2005 and other connected matters which are pending

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hearing before a larger Bench.

4.      In criminal appeal arising out of SLP (Crl.) No. 1357/2006 the  appellants have impugned the order of the High Court dated 9.3.2006   dismissing their application for discharge under Section 227 of the  Code of Criminal Procedure.  We notice that criminal appeals giving  rise to SLP(Crl.) Nos. 1357/2006,  1568/2006 and 1570/2006 were  heard together by the High Court but the appeal giving rise to  SLP(Crl.) No. 1357/2006 was disposed of by a separate judgment.  If  criminal appeals arising out of SLP(Crl.) 1568/2006 and 1570/2006  are ultimately decided in favour of the appellants, nothing may  survive for consideration in the criminal appeal arising out of  SLP(Crl.) 1357/2006.  However, if the appellants do not succeed in  the aforesaid two appeals, the Court may consider the merit of  criminal appeal arising out of SLP (Crl.) No.1357/2006.   

5.      In these circumstances, we direct that criminal appeal arising  out of SLP (Crl.) No. 1357/2006 may also be heard by a larger bench  alongwith appeals arising out of SLP (Crl.) 1568/2006 and  1570/2006 or soon after the disposal of those two appeals, as the  Hon’ble Chief Justice may direct.

6.      Accordingly, we direct that these matters be placed before the  Hon’ble Chief Justice for appropriate directions.