State Of Gujarat vs Rabari Jayeshbhai Amrutbhai
2023 Latest Caselaw 2290 Guj

   R/CR.MA/21962/2021                                     ORDER DATED: 15/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 21962 of 2021

                   In R/CRIMINAL APPEAL NO. 1921 of 2021

                                  With
                    R/CRIMINAL APPEAL NO. 1921 of 2021
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                              STATE OF GUJARAT
                                    Versus
                         RABARI JAYESHBHAI AMRUTBHAI
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Appearance:
MR SOHAM JOSHI APP for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1,2,3,4,5,6,7
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                  Date : 15/03/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

By way of present Criminal Misc. Application u/s 378(1)(3) of the Code of Criminal Procedure, the applicant State seeks leave to challenge judgment and order of acquittal dated 09/07/2021 passed in Sessions Case No.71 of 2018 whereby the respondents herein- original accused came to be acquitted for the offences punishable u/s 143, 147, 148, 427, 504 and 506(2) of the IPC and under Section 135 of GP Act.

We have heard learned APP for the State and upon perusal of the impugned judgment and considering the reassessment and reanalysis of evidence at a glance, we are of the considered opinion that present Criminal Misc. Application deserves

R/CR.MA/21962/2021 ORDER DATED: 15/03/2023

consideration and accordingly it is allowed.

ORAL ORDER IN APPEAL

Admit. Bailable warrant in the sum of Rs.15,000/- be issued against the each of respondents herein-accused and pending hearing and final disposal of the present appeal, the respondents herein shall mark their presence before the concerned Police Station in the first week of month of April of every calender year.

(S.H.VORA, J)

(MAUNA M. BHATT,J) sompura