State Of Gujarat vs Amarsinh Chetan @ Chetanbhai ...
2022 Latest Caselaw 4677 Guj

   R/CR.MA/7526/2022                                     ORDER DATED: 04/05/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 7526 of 2022
                               In
                 R/CRIMINAL APPEAL NO. 812 of 2022
                              With
                 R/CRIMINAL APPEAL NO. 812 of 2022
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                       STATE OF GUJARAT
                             Versus
             AMARSINH CHETAN @ CHETANBHAI BHAGORA
==========================================================
Appearance:
MS CM SHAH, ADDL. PUBLIC PROSECUTOR 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 : 04/05/2022

                            ORAL ORDER

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

ORAL ORDER IN APPLICATION 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 29.12.2021 passed in Special (POCSO) Case No.48 of 2018, whereby the respondent herein came to be acquitted for the offences punishable u/s 363, 366 and 376(N) of the IPC and u/s 4 of the POCSO Act.

We have heard learned APP 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/7526/2022 ORDER DATED: 04/05/2022

ORAL ORDER IN APPEAL

Admit. Bailable warrant in the sum of Rs.15,000/- be issued qua original respondent. The respondent herein shall mark his presence before the concerned Police Station in the first week of June, 2022 of every calendar year till appeal is finally disposed off.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SHEKHAR P. BARVE