Decision on Bhatt's plea against remand-revision in abeyance
The decision on maintainability of revision application filed by the state government, seeking custody of arrested IPS officer Sanjiv Bhatt, has been put in abeyance till November 30.india Updated: Oct 10, 2011 17:28 IST
The decision on maintainability of revision application filed by the state government, seeking custody of arrested IPS officer Sanjiv Bhatt, has been put in abeyance till November 30.
Principal sessions judge GN Patel said in the order on Monday that whether the 'remand revision application' filed by the government was maintainable or not cannot be decided at this point.
He said a larger bench of the Gujarat high court was dealing with the question of maintainability of a remand-revision applications in some other cases, and till the high court decides them, he can not pass any order.
Bhatt had challenged the maintainability of state's remand revision plea.
His lawyer, IH Sayed, said that Bhatt's petition wanted the revision plea dismissed, or that the decision be kept in abeyance till the high court decided the legal issue.
The state government, on October 3, had challenged (in the sessions court) the magistrate's order denying police remand of Bhatt, arrested for allegedly threatening and forcing a constable to sign a false affidavit.
During the hearing, Bhatt's lawyer contended that such revision application was not maintainable.
Sayed cited the Supreme Court judgement which states that grant or rejection of bail is an "interlocutory order" and there cannot be revision of it, as per the Criminal Procedure Code.
But public prosecutor Pravin Trivedi had argued that the state has the right to seek revision of the remand if it is rejected.
Bhatt, on October 4, had refused to accept the proposal from the sessions judge that if he accepted police remand for three hours, the court would, later in the day, hear his bail application and decide it.