Parbat @ Dala Dudha Modhvadia vs State Of Gujarat
2022 Latest Caselaw 7672 Guj

      R/CR.A/204/2013                                  FARAD DATED: 07/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL APPEAL NO. 204 of 2013
                             With
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 7 of 2022
            In R/CRIMINAL APPEAL NO. 204 of 2013
                             With
  CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)
                        NO. 11 of 2022
            In R/CRIMINAL APPEAL NO. 204 of 2013
                             With
              R/CRIMINAL APPEAL NO. 230 of 2013
==========================================================

PARBAT @ DALA DUDHA MODHVADIA & 2 other(s) Versus STATE OF GUJARAT ========================================================== Appearance:

KANAN R JADEJA(8999) for the Appellant(s) No. 1,2,3 MR BM MANGUKIYA(437) for the Appellant(s) No. 1,2,3 MR VH KANARA(1881) for the Appellant(s) No. 1,2,3 MS SANDHYA D NATANI(3678) for the

MR H K PATEL, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE DR. JUSTICE A. P. THAKER

Date : 07/09/2022

FARAD (PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

For the reasons recorded in the judgment passed today, the Hon'ble Court passed the following order:

"In the result, Criminal Appeal No.204 of 2013 is allowed. The impugned common judgment and order of conviction and sentence dated 31.10.2012 passed by the learned Additional District & Sessions Judge, Porbandar in Sessions Case Nos. 29 of 2007, 12 of

R/CR.A/204/2013 FARAD DATED: 07/09/2022

2008 and 46 of 2009, is hereby quashed and set aside qua the conviction and sentence of the appellants of Criminal Appeal No.204 of 2013. Accordingly, the appellants of Criminal Appeal No.204 of 2013 are ordered to be set at liberty forthwith, if not required in any other case. The amount of fine, if any, be returned to the appellants of Criminal Appeal No.204 of 2013 forthwith. In view of disposal of main appeal, connected civil applications of Criminal Appeal No.204 of 2013 do not survive and accordingly stand disposed of.

Criminal Appeal No.230 of 2013 filed by the appellant

- State is, accordingly, dismissed.

The Record and Proceedings to be sent back to the concerned Trial Court forthwith."

(Lavkumar J. Jani) Principal Private Secretary