State Of Gujarat vs Aahir Karshan Lakhmanbhai ...
2022 Latest Caselaw 4004 Guj

     R/CR.MA/6251/2022                                 ORDER DATED: 05/04/2022



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 6251 of 2022

                    In R/CRIMINAL APPEAL NO. 656 of 2022
                                    With
                      R/CRIMINAL APPEAL NO. 656 of 2022
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                           STATE OF GUJARAT
                                 Versus
                 AAHIR KARSHAN LAKHMANBHAI PAMPANIYA
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Appearance:
MS CM SHAH, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6,7
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 05/04/2022

                              ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

Order in Criminal Misc. Application No.6251 of 2022

1. By way of present application under Section 378(1)(3) of the Code of Criminal Procedure, the applicant-State seeks leave to appeal against the judgment and order dated 25.08.2021 rendered in Sessions Case No.55 of 2007 by the learned Sessions Judge, Gir Somnath, Veraval whereby the private respondents-accused came to be acquitted from the charge of offence punishable under Sections 307, 323, 326, 337, 403, 114 of the Indian Penal Code and under section 135 of G.P.Act.

2. Having heard learned APP for the applicant - State and considering impugned judgment and our primary re- assessment and re-appreciation of evidence at glance, present

R/CR.MA/6251/2022 ORDER DATED: 05/04/2022

application deserves consideration. Therefore, leave to appeal is required to be granted and accordingly it is granted. The present application is allowed accordingly.

Order in Criminal Appeal No.656 of 2022

Appeal is admitted.

Bailable warrant be issued in the sum of Rs.15,000/- each against the respondents-original accused. The respondents - original accused shall mark their presence before the concerned Police Station in the first week of May of each English Calendar year till the Criminal Appeal is decided.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SATISH