State Of Gujarat vs Firoj Kasambhai Hala
2023 Latest Caselaw 3316 Guj

   R/CR.MA/12056/2022                               ORDER DATED: 25/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 12056 of 2022
                In R/CRIMINAL APPEAL NO. 1285 of 2022
                                With
                  R/CRIMINAL APPEAL NO. 1285 of 2022
==========================================================
                          STATE OF GUJARAT
                                Versus
                        FIROJ KASAMBHAI HALA
==========================================================
Appearance:
MS. JIRGA JHAVERI, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
NOTICE UNSERVED for the Respondent(s) No. 3
==========================================================

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

                             Date : 25/04/2023

                              ORAL ORDER

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

Order in CRIMINAL MISC.APPLICATION NO. 12056 of 2022 This Leave to Appeal preferred by the State challenging the judgment and order of acquittal passed by the learned Principal Sessions Judge, Junagadh dated 18.02.2022 in Sessions Case No. 132 of 2016 acquitting the respondents from the charges levelled against them.

Learned APP Ms. Jirga Jhaveri appearing for the State has drawn attention of this Court to the order passed by the Coordinate Bench of this Court, whereby the Appeal filed by the complainant came to be admitted qua the original accused Nos. 1 and 2, and with regard to

R/CR.MA/12056/2022 ORDER DATED: 25/04/2023

original accused No. 3 - respondent No. 4, the Appeal was not pressed. Therefore, in view of the submissions made by learned APP, the present Leave to Appeal is required to be granted to prefer Appeal against the judgment and order of acquittal.

Hence, present Leave to Appeal is allowed. Application stands disposed of accordingly. Leave to Appeal is granted qua respondent Nos. 1 and 2 only as the Coordinate Bench has also admitted the Appeal qua them. Leave to Appeal is rejected qua respondent No. 3.

Order in CRIMINAL APPEAL NO. 1285 of 2022 In view of the Leave to Appeal granted in preferring the Appeal, present Appeal is ADMITTED qua respondent Nos. 1 and 2 only. Appeal is dismissed qua respondent No. 3. Bailable warrant in the sum of Rs. 15,000/- be issued against the respondent Nos. 1 and 2 each.

To be heard with Criminal Appeal No. 835 of 2022.

(UMESH A. TRIVEDI, J)

(M. K. THAKKER,J) AMAR SINGH