State vs Khalil Ahmed And Ors. ...
2023 Latest Caselaw 6965 Raj

[2023:RJ-JD:28409]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 46/2014

State

----Appellant Versus Khalil Ahmed And Ors.

----Respondent

For Appellant(s) : Mr. Mukhtiyar Khan, P.P. For Respondent(s) : Mr. Pravin Vyas

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/09/2023

1. The matter is pending before this Court since nine years. The

service upon the accused respondent Nos.2 and 3 has been

affected, however, service upon respondent Nos.1 and 4 could not

have been affected despite due diligence.

2. I have gone through the judgment impugned, which is

revealing that for the charge of offence of dacoity and extortion,

the accused respondents were charge-sheeted then tried and

finally acquitted by the learned trial court by giving them benefit

of doubt.

3. After a cursory look, it is reveled that the finding of acquittal

would be required to be examined by this Court again and thus an

opportunity of permitting the State of Rajasthan to prefer an

appeal against the judgment of acquittal should be granted.

4. Accordingly, the instant application seeking leave to appeal is

allowed. The memo of leave to appeal application shall be treated

and registered as an appeal. The opportunity of hearing shall be

[2023:RJ-JD:28409] (2 of 2) [CRLLA-46/2014]

provided to the respondents at the time of hearing on the point of

admission of appeal.

5. Office to proceed.

(FARJAND ALI),J 271-Taruna/-

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