Pintoo Somabhai Bariya vs State Of Gujarat
2022 Latest Caselaw 5376 Guj

      R/CR.A/1590/2013                                FARAD DATED: 22/06/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CRIMINAL APPEAL NO. 1590 of 2013
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PINTOO SOMABHAI BARIYA Versus STATE OF GUJARAT ========================================================== Appearance:

MR PRATIK B BAROT(3711) for the Appellant(s) No. 1 MR HK PATEL, PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s)

========================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 22/06/2022 FARAD (PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

1. Resultantly, the present appeal succeeds and is

ALLOWED. The impugned judgment and order, Dated:

28.02.2013, passed by the learned Additional Sessions

Judge, Panchamahal at Godhra, in Sessions Case No.

100 of 2012, convicting the appellant under Section

302 of the IPC and sentencing him to undergo

imprisonment for life and to pay fine of Rs.10,000/-

and in default to undergo further simple imprisonment

for the period of three months so also convicting him

for the offence under Section 201 of the IPC and

sentencing him to undergo imprisonment for one year

and to pay fine of Rs.1,000/- and in default to

undergo further simple imprisonment for one month is,

R/CR.A/1590/2013 FARAD DATED: 22/06/2022

hereby, QUASHED and set aside.

1.1 The concerned jail authority is DIRECTED to set

the present appellant at liberty, forthwith, if, not

required in connection with any other case.

1.2 The amount of fine, if any, paid by the

appellant, shall be REFUNDED to him, immediately.

1.3 The Registry is DIRECTED to send the R&P back

to the concerned trial Court, forthwith.

(UMESH H. CHAVDA)

PRINCIPAL PRIVATE SECRETARY CLASS-I, GAZETTED