Gujarat High Court
State Of Gujarat vs Bharvad Saktabhai Raghubhai ... on 29 July, 2021
Bench: Rajendra M. Sareen
R/CR.MA/922/2021 ORDER DATED: 29/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 922 of 2021
In R/CRIMINAL APPEAL NO. 63 of 2021
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STATE OF GUJARAT
Versus
BHARVAD SAKTABHAI RAGHUBHAI KHENGARBHAI
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Appearance:
MS CM SHAH, ADDL. PUBLIC PROSECUTOR(2) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 29/07/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This application has been preferred by the original
complainant - State of Gujarat challenging the judgment and
order of the acquittal dated 22.01.2020 passed by the Court of
learned Additional Sessions Judge, Mehsana in Sessions Case
No. 79 of 2018, Sessions Case No. 130 of 2018 and Sessions
Case No. 85 of 2019. The original accused nos. 7, 9, 12 and 13
are given the benefit of doubt by the trial Court in Sessions
Case No. 79 of 2018.
2. It is the grievance on the part of the State that many of
the co-accused have been convicted who had almost identical
role.
R/CR.MA/922/2021 ORDER DATED: 29/07/2021
3. Learned Additional Public Prosecutor Ms. Shah
appearing for the State has also urged that all the
respondents - accused had clear intention to fulfill their
objective framed while forming the unlawful assembly and
assaulting the complainant and the prosecution witness.
According to her, these persons also being part of the
assembly where the death of Bharvad Kanjibhai Dhulabhai
and Bharvad Rameshbhai Kanjibhai was caused and injuries
were also caused to three more persons. The judgment and
order of the acquittal needs indulgence for which the appeal
has been preferred.
4. We have heard learned advocate Mr. Mulani appearing
for all the opponents and learned advocate Mr. Gadhavi
appearing for the original complainant.
5. Learned advocate Mr. Mulani has strongly resisted this
applicant whereas learned advocate Mr. Gadhavi has
supported the case of the prosecution.
6. Learned advocate Mr. Gadhavi also further has urged
that the original complainant has preferred an appeal being
Criminal Appeal No. 263 of 2021 where the challenge has
been made to the judgment and order of the conviction which
R/CR.MA/922/2021 ORDER DATED: 29/07/2021
has come against rest of the co-accused.
7. Noticing prima facie the oral as well as documentary
evidences which have been pressed into service and also
considering the specific role attributed to the respondents, as
also further noticing that the absence of clear report of the
FSL is the reason for acquittal of opponents and that too by
overlooking the material adduced by the prosecution, we are
inclined to grant the leave to appeal to the prosecution
without further elaborating the reasons.
8. The application is accordingly allowed.
(SONIA GOKANI, J)
(RAJENDRA M. SAREEN,J)
Bhoomi
