Devjibhai Chhaganbhai Makwana vs State Of Gujarat
2022 Latest Caselaw 5200 Guj

     R/CR.MA/6555/2022                                ORDER DATED: 15/06/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 6555 of 2022

                    In R/CRIMINAL APPEAL NO. 685 of 2022

                                       With
                         R/CRIMINAL APPEAL NO. 685 of 2022
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                         DEVJIBHAI CHHAGANBHAI MAKWANA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR KV SHELAT(834) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 15/06/2022

                                   ORAL ORDER

Order in Criminal Misc. Application

1. Present application under Section 378(4) of the Code of Criminal Procedure, 1973 has been preferred by the applicant for Leave to Appeal against the impugned judgment and order of acquittal dated 23.02.2022 passed by the learned Chief Judicial Magistrate, Halvad, Morbi in Criminal Case No. 415 of 2018 acquitting the opponent herein - original accused.

2. Heard learned advocate Mr. K.V. Shelat for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent - State.

3. Mr. Girishbhai Gelabhai Vegda - respondent No.2 is personally remain present before this Court. Therefore, there is

R/CR.MA/6555/2022 ORDER DATED: 15/06/2022

no requirement to issue bailable warrant. Learned advocate Ms. Tanveer Loladia is appearing on behalf of respondent No.2.

3. After having heard learned advocates for the parties and perused the impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Oder in Criminal Appeal

The appeal is admitted.

Stand over to 29.07.2022.

(A. C. JOSHI,J) SALIM/14