State Of Gujarat vs Dapesinh Prabhatsinh Parmar

Gujarat High Court

State Of Gujarat vs Dapesinh Prabhatsinh Parmar on 3 July, 2025

Author: Gita Gopi

Bench: Gita Gopi

                                                                                                                NEUTRAL CITATION




                             R/CR.A/198/2005                                   ORDER DATED: 03/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/CRIMINAL APPEAL NO. 198 of 2005

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                                                   STATE OF GUJARAT
                                                         Versus
                                          DAPESINH PRABHATSINH PARMAR & ANR.
                      ==========================================================
                      Appearance:
                      MS MONALI BHATT APP for the Appellant(s) No. 1
                      MR YM THAKKAR(902) for the Opponent(s)/Respondent(s) No. 1
                      UNSERVED EXPIRED (R) for the Opponent(s)/Respondent(s) No. 2
                      ==========================================================

                         CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                                           Date : 03/07/2025

                                                             ORAL ORDER

1. Learned advocate Mr. Y.M. Thakkar for the respondent No.1 has filed his vakalatnama and has produced the copy of the judgment passed in Criminal Appeal No.1673 of 2004. The same is ordered to be taken on record. Mr. Patel submitted that the appeal under Section 377 of Cr.P.C. was filed for enhancement of the sentence, wherein the judgment relied has been passed in connection to the judgment and order dated 20.09.2004 by the Special Judge, Fast Track Court, Panchmahal at Godhra in Special Case No.6 of 2001. The conviction in the mater has been set aside in Criminal Appeal No.1673 of 2004 by this Court on 22.03.2018, where the appeal had been preferred by the accused. Mr. Patel submitted that now there would be no case of enhancement of the sentence.

NEUTRAL CITATION R/CR.A/198/2005 ORDER DATED: 03/07/2025 undefined

2. Learned advocate Ms. Monali Bhatt perusing the judgment submitted that necessary order in accordance to law be passed.

3. Since the judgment and order, against which prayer has been made under Section 377 of Cr.P.C., was for enhancement of sentence and when the conviction and sentence is already set aside on 22.03.2018, the cause for the present appeal would not survive. Hence, the present appeal stands disposed of as infructuous.

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