State Of Gujarat vs Ravibhai Bharatbhai Makwana
2021 Latest Caselaw 15762 Guj

     R/CR.MA/17724/2021                                     ORDER DATED: 06/10/2021


                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/CRIMINAL MISC.APPLICATION NO. 17724 of 2021
                       In R/CRIMINAL APPEAL NO. 1433 of 2021
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                                 STATE OF GUJARAT
                                       Versus
                           RAVIBHAI BHARATBHAI MAKWANA
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Appearance:
MR HARDIK SONI, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
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     CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
            R.M.CHHAYA
            and
            HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 06/10/2021
                               ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

By this application under Section 378(1)(3) of the Code of Criminal Procedure, 1973, the applicant-State has prayed for leave to file an appeal against the judgment and order of acquittal dated 30.1.2021 passed by the learned Sessions Judge, Surendranagar in Sessions Case no.34 of 2018.

Mr. Soni relied upon the oral evidence and more particularly, testimony of PW9 - Raghuvirsinh who was an injured witness.

In facts of this case, leave as prayed for deserves to be granted and is hereby granted. Accordingly, the present application is allowed. The appeal be listed for its admission.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) Maulik