State Of Gujarat vs Sandipbhai @ Bidi S/O. ...
2023 Latest Caselaw 3386 Guj

     R/CR.MA/15398/2022                       ORDER DATED: 26/04/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 15398 of 2022
                           In
           R/CRIMINAL APPEAL NO. 1639 of 2022
======================================
                     STATE OF GUJARAT
                            Versus
  SANDIPBHAI @ BIDI S/O. DASHRATHBHAI GANGARAMBHAI
                         PRAJAPATI
======================================
Appearance:
MS VRUNDA C. SHAH, APP 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 : 26/04/2023
                   ORAL ORDER

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

ORDER IN CRI. MISC. APPLICATION NO. 15398 of 2022

This is a leave to appeal at the instance of the State

against the judgment and order of the acquittal, passed in

Sessions Case No. 81 of 2020 by the learned Sessions Judge,

Ahmedabad City, dated 31.12.2021.

1. Heard Ms. Vrunda C. Shah, learned APP, on behalf of the

State.

2. She has drawn the attention of the Court to Exhibit-30 of

the evidence of the shop-owner, who had provided water to

R/CR.MA/15398/2022 ORDER DATED: 26/04/2023

the accused, who came after causing assault to the deceased

and on inquiring with regard to the screaming, he confessed

before this witness that he assaulted to the person who was

lying outside of the shop.

2.1 Ms. Vrunda C. Shah, learned APP, further pointed out

that there is a discovery of knife at the instance of the

accused, where human blood has been found in Serological

Report. She has further pointed out that this panchanama was

proved by the evidence of the I.O. and further at the place of

offence, the bike, which belonged to the accused, was also

found to be lying.

2.2 Ms. Vrunda C. Shah, learned APP, pointed out that

learned Judge has committed grave error in ignoring the

aforesaid material aspects and passed judgment and order of

acquittal.

3. Considering the submission made by learned APP Ms.

Vrunda C. Shah, this Court finds that there is a substance in

the arguments by the learned APP. Hence, leave is required to

be granted in preferring the appeal.

Hence, leave to appeal is granted. In view thereof, this

application stands disposed of.

R/CR.MA/15398/2022 ORDER DATED: 26/04/2023

ORDER IN CRIMINAL APPEAL NO. 1639 of 2022

As the leave to appeal has been granted, this appeal is

required to be admitted and hence, Admit. To be heard in

seriatim.

Bailable warrant in the sum of Rs.10,000/- (Ten Thousand

only) be issued against the respondent - accused.

Record and Proceedings be sent back to the concerned

Court so as to prepare the paper-book.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) Raj