Bhayani Kishorimal Gandumal vs State Of Gujarat
2025 Latest Caselaw 8408 Guj

Gujarat High Court

Bhayani Kishorimal Gandumal vs State Of Gujarat on 27 November, 2025

                                                                                                                 NEUTRAL CITATION




                             R/CR.MA/19067/2022                                    ORDER DATED: 27/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                       R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 19067 of 2022
                                                       In
                                        R/CRIMINAL APPEAL NO. 2057 of 2022
                                                      With
                                        R/CRIMINAL APPEAL NO. 2057 of 2022
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                                                       BHAYANI KISHORIMAL GANDUMAL
                                                                    Versus
                                                          STATE OF GUJARAT & ANR.
                       ================================================================
                       Appearance:
                       MR. BK. RAJ(3794) for the Applicant(s) No. 1
                       MR BHUNESH C RUPERA(3896) for the Respondent(s) No. 2
                       MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
                       ================================================================
                            CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                                             Date : 27/11/2025
                                              ORAL ORDER

1. This is an application filed for seeking leave to appeal against the judgment and order of acquittal dated 04.08.2022 passed by learned 3 rd Additional Chief Judicial Magistrate, Godhra in Criminal Case No.1253 of 2015.

2. Learned advocate for the applicant seeks permission to withdraw the present application as well as connected appeal to file appeal before the concerned Court, in view of the judgment of the Apex Court in case of M/s. Celestium Financial V.A. Gnanasekaran arising out of Special Leave Petiton (Cri.) Nos.137 - 139 / 2025, with the liberty that the period that may be consumed may not be counted as delay in filing such appeal.

3. In view of the above, permission as prayed for, is granted. The applicant can file appropriate appeal before the concerned Court. The present application as well as connected appeal are disposed of as withdrawn, with the aforesaid liberty with a rider that, after withdrawl of the present application and the appeal, necessary proceedings be initiated / filed within a period of four months from the date of receipt of copy of this order. It is clarified that the period that may be consumed in filing the present appeal may not be counted as delay in filing such appeal before the concerned Court.

(SANJEEV J.THAKER,J) Manoj Kumar Rai