State Of Gujarat vs Bhagabhai @ Bharatbhai Velji- ...
2022 Latest Caselaw 1318 Guj

       R/CR.A/1326/2003                                ORDER DATED: 04/02/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CRIMINAL APPEAL NO. 1326 of 2003

==========================================================
                           STATE OF GUJARAT
                                 Versus
                BHAGABHAI @ BHARATBHAI VELJI- BHAI PALAS
==========================================================
Appearance:
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Appellant(s) No. 1
RULE UNSERVED for the Opponent(s)/Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE S.H.VORA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 04/02/2022

                               ORAL ORDER

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

1. It appears that present criminal appeal is filed by the appellant State against the judgment and order of acquittal passed by the Chairman, J.J. Board, Panchmahal @ Godhra with regard to offence punishable u/s 302, 452, 427, 323, 34 of the IPC and u/s 135 of the G.P. Act.

2. Considering report dated 20.8.2010 furnished by the President, J.J. Board, Panchmahal @ Godhra and pursuant to which, Office Note forwarded by the Registry dated 2.2.2022, it appears that sole respondent accused Bhagabhai @ Bharatbhai Veljibhai Palas had died as per report submitted by Police Sub Inspector, Santram Police Station on 5.12.2009. Said report is kept at flag B. In view of above both the reports, it appears that the sole respondent accused had died and therefore, present criminal appeal stands abated.

R/CR.A/1326/2003 ORDER DATED: 04/02/2022

3, In case of difficulty, the appellant State is at liberty to revive the appeal within six months from today.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SHEKHAR P. BARVE