State Of Gujarat vs Somabhai Jagabhai Gagiya
2022 Latest Caselaw 6989 Guj

   R/CR.MA/20419/2021                            ORDER DATED: 04/08/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 20419 of 2021

                  In R/CRIMINAL APPEAL NO. 1738 of 2021

                                  With
                    R/CRIMINAL APPEAL NO. 1738 of 2021
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                           STATE OF GUJARAT
                                 Versus
                        SOMABHAI JAGABHAI GAGIYA
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Appearance:
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Applicant(s) No. 1
MR PREMAL S RACHH(3297) for the Respondent(s) No. 1,2,3
S M KIKANI(7596) for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                             Date : 04/08/2022

                        ORAL ORDER

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

After hearing submissions made at bar, no case is made out to grant leave to appeal so far as original accused Nos.3 and 4 - opponent Nos.2 and 3 herein. Accordingly, present Criminal Misc. Application for leave to appeal stands dismissed qua original accused Nos.3 and 4 - opponent Nos.2 and 3 herein.

ORAL ORDER IN APPLICATION QUA OPPONENT NO.1

By way of present Criminal Misc. Application u/s 378(1)(3) of the Code of Criminal Procedure, the applicant State seeks leave to challenge judgment and order of acquittal dated 26.3.2021 passed by the learned Principal Sessions Judge, Junagadh in Sessions Case No.17 of 2011, whereby the

R/CR.MA/20419/2021 ORDER DATED: 04/08/2022

opponent No.1 - original accused No.2 herein came to be acquitted for the offences punishable u/s 302, 365, 324, 323, 504, 506(2), 403, 114 of the IPC and u/s 135 of the G.P. Act.

We have heard learned APP for the State and upon perusal of the impugned judgment and considering the reassessment and reanalysis of evidence at a glance, we are of the considered opinion that present Criminal Misc. Application deserves consideration and accordingly it is allowed.

ORAL ORDER IN APPEAL QUA RESPONDENT NO.1

Admit. Bailable warrant in the sum of Rs.15,000/- be issued qua respondent No.1 herein. The respondent No.1 herein shall mark his presence before the concerned Police Station in the first week of September, 2022 of every calendar year till appeal is finally disposed off.

(S.H.VORA, J)

(RAJENDRA M. SAREEN,J) SHEKHAR P. BARVE