State Of Gujarat vs Sanjay @ Tullu Sharatchandra ...
2023 Latest Caselaw 5201 Guj

     R/CR.MA/2445/2023                                    ORDER DATED: 05/07/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 2445 of 2023
                  In R/CRIMINAL APPEAL NO. 259 of 2023
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                        STATE OF GUJARAT
                              Versus
          SANJAY @ TULLU SHARATCHANDRA GANPATI BAHERA
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Appearance:
MS CM SHAH, 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 : 05/07/2023

                        ORAL ORDER

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

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 2445 of 2023

1. Heard Ms.C.M.Shah learned Additional Public Prosecutor. According to her submissions, the finding recorded by the learned judge acquitting the accused that though the complainant PSI has deposed to before the Court with regard to the offence as also as per the FIR, the said FIR is not produced then proved by the witness. According to her, apparently the said finding is without considering the document at Exhibit 78, which is the FIR produced by the first informant in a re-examination. Pursuant to an application at Exhibit 77 given by the learned APP, which was granted and he was re-examined before the Court. Drawing attention of the Court to the page No.18 of the judgment, which reflects the documents produced and proved during the case where Exhibit 78 is not referred to at all. Though, the judgment is at Exhibit

R/CR.MA/2445/2023 ORDER DATED: 05/07/2023

87, learned judge has not cared to look at the re-examination of the witness himself wherein he has produced and proved the FIR.

2. It is further submitted that conscious possession of the contraband articles is proved. Accused were apprehended and from their possession the railway tickets of the said train may be upto Bharuch station, their PAN Cards and Mobiles were also recovered. Therefore, according to her submission, the prosecution has proved the guilt of the accused beyond reasonable doubt and therefore, learned judge could not have acquitted the accused under the wrong premise.

3. Considering the same, leave to appeal is granted. This application stands disposed of.

ORDER IN R/CRIMINAL APPEAL NO. 259 of 2023

In view of the leave to appeal granted today, appeal is admitted. Bailable Warrant in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) be issued against each of the respondents.

(UMESH A. TRIVEDI, J)

(M. K. THAKKER,J) M.M.MIRZA