State Of Gujarat vs Sandip Shantaram Shinde
2023 Latest Caselaw 2805 Guj

     R/CR.MA/5548/2023                          ORDER DATED: 06/04/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 5548 of 2023
                              In
           R/CRIMINAL APPEAL NO. 754 of 2023
                             With
           R/CRIMINAL APPEAL NO. 754 of 2023
======================================
                      STATE OF GUJARAT
                            Versus
                  SANDIP SHANTARAM SHINDE
======================================
Appearance:
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Applicant(s) No. 1
for the Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER

                          Date : 06/04/2023

                  ORAL ORDER

(PER : HONOURABLE MRS. JUSTICE M. K. THAKKER)

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 5548 of 2023

1. Leave to correct the cause title of the application and the Appeal as by mistake accused no.1 is not shown respondent herein though Resolution of the Legal Department requests the office of the Public Prosecutor to challenge the judgment of acquittal passed by the concerned Court.

Learned Additional Public Prosecutor is directed to carryout the amendment forthwith.

R/CR.MA/5548/2023 ORDER DATED: 06/04/2023

2. This application is preferred by the State for leave to Appeal against the judgment and order of acquittal passed by the learned Sessions Court in Sessions Case No.74 of 2018 dated 08.12.2022.

3. Heard Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the applicant - State. She has pointed out to this Court that the Eye Witness has supported the case of the prosecution by narrating the incident, which was further corroborated with the medical evidence and even discovery of knife wherein also blood stains were found. Hence, the learned Additional Public Prosecutor requests to grant the application for leave to Appeal and to admit the Appeal.

4. In view of the aforesaid submission, leave to Appeal is granted and this application stands disposed of as allowed.

ORDER IN R/CRIMINAL APPEAL NO. 754 of 2023

In view of allowing the application for leave to Appeal, Appeal is ADMITTED. Bailable warrant in the sum of Rs.10,000/- each be issued against the respondents - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) siji