State Of Gujarat vs Juvarji Agarji Darbar
2021 Latest Caselaw 16718 Guj

   R/CR.MA/17479/2021                                         ORDER DATED: 25/10/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 17479 of 2021
                 In R/CRIMINAL APPEAL NO. 1404 of 2021
                                 With
                   R/CRIMINAL APPEAL NO. 1404 of 2021
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                                STATE OF GUJARAT
                                      Versus
                              JUVARJI AGARJI DARBAR
==========================================================
Appearance:
MR MANAN MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Applicant(s) No. 1
MR MALAY DANGE for the Respondent(s) No. 1, 3
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 CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
       and
       HONOURABLE MR. JUSTICE SAMIR J. DAVE

                          Date : 25/10/2021
                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

Order in CRMA 17479/2021:-

Mr. Malay Dange, learned advocate has instructions to appear on behalf of respondents no.1 and 3. Mr. Dange, on instructions, states that the respondent no.2 has expired during pendency of the proceedings. A photocopy of the death certificate is placed on record, which is taken on record.

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 3.9.2020 passed by the learned Additional Sessions Judge, Banaskantha at Tharad in Sessions

R/CR.MA/17479/2021 ORDER DATED: 25/10/2021

Case No. 48 of 2018 (Old Sessions Case no.297 of 2015).

In facts of this case, leave as prayed for deserves to be granted and is hereby granted. Accordingly, the present application is allowed. Rule is made absolute.

Order in CRA 1404/2021:-

Admit. Bailable warrant be issued in the sum of Rs.5,000/- (Rupees five thousand only) against the respondents-accused. The appeal stands abated qua respondent no.2 who is reported to have expired.

(R.M.CHHAYA,J)

(SAMIR J. DAVE,J) Maulik