State Of Gujarat vs Birbal Ayodhya Prasad
2022 Latest Caselaw 664 Guj

   R/CR.MA/17725/2021                               ORDER DATED: 19/01/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 17725 of 2021

                  In R/CRIMINAL APPEAL NO. 1434 of 2021

                                  With
                    R/CRIMINAL APPEAL NO. 1434 of 2021
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                           STATE OF GUJARAT
                                 Versus
                        BIRBAL AYODHYA PRASAD
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Appearance:
MS MONALI BHATT APP(2) for the Applicant(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                             Date : 19/01/2022

                            ORAL ORDER

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

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 30/11/2019 passed in Sessions Case No.154 of 2016 whereby the respondent herein- original accused came to be acquitted for the offences punishable u/s 302, 201 and 203 of the IPC and under Section 135(1) of GP Act.

We have heard learned APP Ms. Monali Bhatt 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.

R/CR.MA/17725/2021 ORDER DATED: 19/01/2022

ORAL ORDER IN APPEAL

Admit. Bailable warrant in the sum of Rs.15,000/- be issued against the respondent-org. accused.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) sompura