State Of Gujarat vs Kaushikbhai Mafatbhai Solanki
2022 Latest Caselaw 4934 Guj

     R/CR.MA/9202/2022                                  ORDER DATED: 07/06/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 9202 of 2022

                    In R/CRIMINAL APPEAL NO. 1008 of 2022

                                   With
                     R/CRIMINAL APPEAL NO. 1008 of 2022
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                               STATE OF GUJARAT
                                     Versus
                         KAUSHIKBHAI MAFATBHAI SOLANKI
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Appearance:
MR HARDIK SONI, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                Date : 07/06/2022

                              ORAL ORDER

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

Order in Criminal Misc. Application No.9202 of 2022

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 30.09.2021 rendered in Sessions Case No.16 of 2019 by the learned Additional Sessions Judge, Vadodara whereby the private respondents-accused came to be acquitted from the charge of offence punishable under Sections 302, 120(B), 114 of the Indian Penal Code and under section 135 of G.P.Act.

2. Having heard learned APP for the applicant - State and considering impugned judgment and our primary re-

R/CR.MA/9202/2022 ORDER DATED: 07/06/2022

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.1008 of 2022

Appeal is admitted.

Bailable warrant be issued in the sum of Rs.15,000/- against each of the respondents-original accused. The respondents - original accused shall mark their presence before the concerned Police Station in the first week of July of each English Calendar year till the criminal appeal is decided.

(S.H.VORA, J)

(NISHA M. THAKORE,J) SATISH