State Of Rajasthan vs Sodha Khan @ Sobdar @ Luniya
2021 Latest Caselaw 9922 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 69/2021

State of Rajasthan through P.P.

----Appellant Versus

1. Sodha Khan @ Sobdar @ Luniya S/o Hazi Ahedi Musalman, R/o Bhabhute Ki Dhani, P.S. Binjrad, Dist. Barmer.

2. Nazir S/o Meeru Khan, B/c Musalman, R/o Rathoro Ka Tala, P.S Binjrad, Dist. Barmer.

3. Nazir S/o Jiya Khan, B/c Musalman, R/o Bhabhute Ki Dhani, P.S. Binjrad, Dist. Barmer.

4. Khanu Khan @ Khaniya S/o Maruf, B/c Musalman, R/o Bhabhute Ki Dhani, P.S. Binjrad, Dist. Barmer.

5. Jagmohan Singh S/o Gurnam Singh, B/c Sikh, R/o Ward No. 12, Mohalla Sinhpura Basti Patan, Dist. Fatehgarhsahib, Punjab.

6. Musa S/o Saddik @ Sabiya, Bhabhute Ki Dhani, P.S. Binjrad, Dist. Barmer.

7. Ramdha S/o Musa, B/c Musalman, R/o Bhabhute Ki Dhani, P.S. Binjrad, Dist. Barmer.

8. Kaliya @ Kala Khan S/o Bilal, B/c Musalman, R/o Mapuri, P.S. Gadra Road, Dist. Barmer.

9. Mubarak S/o Hazi Hamir, B/c Musalman, R/o Negrada, P.S. Shiv Dist. Barmer.

10. Meeru S/o Babal, B/c Musalman, R/o Rathora Ka Tala, P.S. Binjrad, Dist. Barmer.

----Respondents

For Appellant(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

30/06/2021

Defect pointed out by the Registry is removed by learned

Public Prosecutor.

Learned Public Prosecutor stated that illegal weapon was

received by the accused-respondents and the same was recovered

by the investigating agency but the learned Trial Court has

(2 of 2) [CRLLA-69/2021]

acquitted the respondents-accused merely on the basis of

surmises and conjectures.

Heard learned Public Prosecutor and perused the judgment

impugned.

This Court is of the opinion that there are valid and

substantial grounds for grant of leave to the appellant applicant

State of Rajasthan for filing an appeal against the acquittal of the

respondent vide impugned judgment.

Accordingly, the application for grant of leave to appeal is

allowed. The memo of leave to appeal be treated as an appeal and

it be registered as such. Amended cause title be filed within four

weeks.

Admit. Issue notice. Rule is made returnable within a period

of four weeks. Record be called for.

The respondents be summoned through a bailable warrant in

the sum of Rs.25,000/- each.

List the matter along with CRLAD Nos. 143/2020, 147/2020,

161/2020 and 181/2020.

(DEVENDRA KACHHAWAHA),J

1-Rashi/-

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