State Of Gujarat vs Mohammad Varis Shahjaha ...
2022 Latest Caselaw 214 Guj

     R/CR.MA/17490/2021                                ORDER DATED: 06/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 17490 of 2021

                    In R/CRIMINAL APPEAL NO. 1412 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1412 of 2021
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                          STATE OF GUJARAT
                                Versus
                  MOHAMMAD VARIS SHAHJAHA GHANTIVALA
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Appearance:
MS CHETNA SHAH, APP for the Applicant(s) No. 1
K T BELADIYA(9101) for the Respondent(s) No. 2
MR KUNAL S SHAH(5282) for the Respondent(s) No. 1,3,4
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                               Date : 06/01/2022

                        ORAL ORDER

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

Order in Criminal Misc. Application No.17490 of 2021

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 31.12.2020 rendered in Sessions Case No. 155 of 2017 by the learned 6th Additional District and Sessions Court, Surat whereby the private respondents came to be acquitted from the charge of offence punishable under Section 376(2)(J), 506(2) and 114 of the Indian Penal Code.

2. We have heard learned APP for the applicant and examined original Record and Proceedings. We have

R/CR.MA/17490/2021 ORDER DATED: 06/01/2022

considered the submissions made from both the sides and after examining the deposition of the victim, and therefore, we are of the opinion that the leave to appeal is required to be granted and accordingly it is granted. The present application is allowed accordingly.

Order in Criminal Appeal No. 1412 of 2021

Appeal is admitted.

Bailable warrant be issued in the sum of Rs.15,000/- against each of the respondents-original accused.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SHRIJIT PILLAI