State Of J And K vs Arvind Gupta
2021 Latest Caselaw 476 j&K

                                                                    Serial No.212




               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU

                                                       SLA No. 106/2014
                                                   In CONCR No. 94/2014
                                                       CRAA No. 98/2014



State of J and K                                               ...Appellant(s)
                       Through:- Mr. Sanchit Verma, Advocate vice
                                 Mr. Raman Sharma, AAG.



                          v/s

Arvind Gupta                                                  ....Respondent(s)

                      Through:- None.



Coram:       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

CONCR No. 94/2014

Despite service none has appeared for the respondent.

Reply to this application has also not been filed.

For the reasons stated in the application which is supported by an

affidavit and in the absence of rebuttal from respondent, the same is allowed

and the delay of 141 days in filing the appeal is condoned.

Application stand disposed of.

SLA No. 106/2014

I have heard learned counsel for the petitioner and perused the

impugned judgment.

It has been contended that despite recovery of bribe from the

respondent, the learned trial Court has acquitted the accused on the ground

In CONCR No. 94/2014 CRAA No. 98/2014

that demand and acceptance of bribe has not been cogently proved by the

prosecution. It is further contended that the prosecution has succeeded in

proving the ingredients of the offence with convincing evidence, which has

been ignored by the learned trial Court.

Having regard to the contentions raised by learned counsel for the

petitioner, a case for grant of leave to file appeal against the impugned

judgment is made out.

Application is, accordingly allowed and leave to file appeal against

impugned judgment is granted.

Registry to list the main appeal for admission on 14.07.2021.

(SANJAY DHAR) JUDGE Jammu 15.04.2021 Renu

RENU BALA 2021.04.19 16:39 I attest to the accuracy and integrity of this document