State Of Gujarat vs Prabhatbhai Bogabhai Bhoi
2023 Latest Caselaw 5629 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/11090/2023                            ORDER DATED: 03/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 11090 of 2023
                  In R/CRIMINAL APPEAL NO. 1480 of 2023
                                  With
                    R/CRIMINAL APPEAL NO. 1480 of 2023
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                              STATE OF GUJARAT
                                    Versus
                          PRABHATBHAI BOGABHAI BHOI
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Appearance:
MR BHARGAV PANDYA,ADDL.PUBLIC PROSECUTOR for the Applicant(s)
No. 1
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER

                               Date : 03/08/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 11090 of 2023

1. Despite the Registry obtained an order of tagging and hearing all the appeals together, it has not notified other appeals along with the present application for leave to appeal and the appeal.

2. Be that as it may, when it is pointed out by the learned Additional Public Prosecutor that an appeal against an order of conviction passed by the Trial Court convicting two of the respondents-accused for an offence under Sections 324 and 323 of the Indian Penal Code as well as also five of the respondents-accused came to be convicted for an offence under Section 135 of the Gujarat Police Act, they together

NEUTRAL CITATION

R/CR.MA/11090/2023 ORDER DATED: 03/08/2023

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preferred Criminal Appeal No.2297 of 2023, which is already admitted. Over and above that the victim-Alpesh Prabhatbhai Bhoi has also filed an Criminal Appeal No.2582 of 2022, which is also admitted.

3. In view thereof, when very the judgment and order of conviction and sentence while acquitting the accused for the offence alleged against them is going to be examined by this Court in an appeal preferred by the accused as also the victim, we deem it fit to grant leave to file an appeal against an order of acquittal impugned with this appeal.

4. Hence, this application praying for leave to appeal is hereby allowed. Leave is granted. This application stands disposed of.

ORDER IN R/CRIMINAL APPEAL NO. 1480 of 2023

In view of leave being granted today, 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) M.M.MIRZA