Aaquib Chhipa, Ahmedabad: Gujarat High Court on Saturday rejected ex-IPS officer Sanjiv Bhatt’s petition to adjourn the hearing of an application filed by other co-accused – IB Vyas before the Palanpur court in which he had sought to become an approver in an alleged case of NDPS Act in 1996.
The advocate representing Sanjiv Bhatt submitted before the court that, accused – IB Vyas application before the Palanpur court, in which he had sought to become approver, should be adjourned till the two application of petitioner filed for cross-examination of the witness and documents is not disposed of by the trial court.
However, the Gujarat High Court while rejecting Sanjiv Bhatt’s petition said that the applicant has ‘no say’ in the application filed by co-accused IB Vyas.
“The application moved by the applicant is nothing but to seek
audience in an indirect manner in the matter of the proceedings u/s 306 of the Code, which is prohibited by law,” the court said.
The Public Prosecutor submitted before the court that the applicant had no locus standi to have an audience at the time of hearing of an application
filed u/s 306 of the Code, as the issue to tender pardon to an accused person is a matter between the court and the concerned accused and therefore, to postpone/defer the hearing of co-accused IB Vyas application till decision on his own two applications is beyond the scope of provisions of sections 306 of the Code.
Earlier, the Palanpur court on January 28 had rejected the application contending co-accused IB Vyas’ application seeking to turn approver should be adjourned till his own two applications are not disposed of.
What is the case against Sanjiv Bhatt?
Sanjiv Bhatt was arrested in September – 2018 in an alleged NDPS Act case of 1996. At present, he is in Palanpur jail. Bhatt has also been sentenced to life imprisonment in a 30-year-old custodial death case by Jamnagar sessions court. The appeal challenging the session’s court order is pending before the Gujarat High Court.
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