Budhdevsinh Galtansinh Rathod vs State Of Gujarat
2022 Latest Caselaw 1576 Guj

    R/CR.MA/1607/2022                                    ORDER DATED: 10/02/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 1607 of 2022

                 In R/CRIMINAL APPEAL NO. 151 of 2022
                                 With
                   R/CRIMINAL APPEAL NO. 151 of 2022
                                 With
             R/CRIMINAL MISC.APPLICATION NO. 1606 of 2022
                                  In
                    CRIMINAL APPEAL NO. 151 of 2022
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                    BUDHDEVSINH GALTANSINH RATHOD
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR. BHAVIK P SHAH(6391) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 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 : 10/02/2022
                             ORAL ORDER

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

Order in Criminal Misc. Application No.1607 of 2022

Though rule issued to the private respondents is served, none appears.

By way of this application, the applicant seeks condonation of delay of 2 days caused in filing Criminal Appeal.

Considering the averments made in the application, present Criminal Misc. Application is allowed and delay of 2 days caused in filing Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

R/CR.MA/1607/2022 ORDER DATED: 10/02/2022

Order in Criminal Misc. Application No.1606 of 2022

1. By way of present application under Section 378(4) of the Code of Criminal Procedure, the applicant seeks leave to appeal against the judgment and order dated 09.09.2021 rendered in Sessions Case No.73 of 2016 by the learned Additional Sessions Judge, Bhavnagar whereby the private respondents-accused came to be acquitted from the charge of offence punishable under Sections 306, 498(A), 304(b), 114 of the Indian Penal Code.

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 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.151 of 2022

It appears that State has also preferred Criminal Appeal being Criminal Appeal No.2050 of 2021 and same is admitted by the Co-ordinate Bench as per order dated 24.01.2022.

In light of this position, present appeal deserves consideration and therefore, present appeal is admitted. Registry to tag present Criminal Appeal along with Criminal Appeal No.2050 of 2021.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SATISH