State Of Gujarat vs Inusbhai Iliyasbhai Ansari
2023 Latest Caselaw 5127 Guj

     R/CR.MA/4763/2023                         ORDER DATED: 03/07/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 4763 of 2023
                               In
           R/CRIMINAL APPEAL NO. 576 of 2023
                              With
           R/CRIMINAL APPEAL NO. 576 of 2023
======================================
                       STATE OF GUJARAT
                             Versus
                 INUSBHAI ILIYASBHAI ANSARI
======================================
Appearance:
MR BHARGAV PANDYA, ADDITIONAL 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 : 03/07/2023

                  ORAL ORDER

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

ORDER IN R/CRIMINAL MISC. APPLICATION NO. 4763 of

1. Heard Mr. Bhargav Pandya, learned Additional Public Prosecutor for the applicant - State. According to the submission, the learned Judge has not believed the injured eye witness, who has received various injuries on vital parts of the body without assigning any reasons, apart from cogent reasons, which is also supported by Dr. Harshad P.W. 10 and medical certificate, Exh.51. Not only that, according to the submission of the learned Additional Public Prosecutor, the weapon of offence is also discovered at the instance of the

R/CR.MA/4763/2023 ORDER DATED: 03/07/2023

respondents - accused. Though panchas to the discovery panchnama have not supported the case of the prosecution, nonetheless, deposition of the Investigating Officer that it was recovered based on the information furnished by the accused, if it is not treated to be a discovery panchnama, it can certainly be accepted as a recovery of weapon of offence, which is again corroborating the case of the prosecution.

2. Having heard the learned Additional Public Prosecutor and going through the impugned judgment and order, we deem it fit to grant leave to appeal against the judgment and order of acquittal passed by the 9 th Additional Sessions Judge, Rajkot in Sessions Case No.253 of 2014 dated 11.11.2022.

3. With this, the present application stands disposed of.

ORDER IN R/CRIMINAL APPEAL NO. 576 of 2023

In view of the fact that today leave to Appeal is granted, we deem it fit to admit this Appeal. Hence, Appeal is ADMITTED. Bailable warrant in the sum of Rs.10,000/- be issued against each of the respondents - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) siji