Gujarat High Court Case Information System Print CR.MA/10716/2010 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 10716 of 2010 In CRIMINAL APPEAL No. 510 of 2010 ========================================================= BAKULBHAI JIVABHAI PATEL - Applicant(s) Versus PANKAJBHAI GIRISHKUMAR KAGALWALA & 1 - Respondent(s) ========================================================= Appearance : MR KASHYAP R JOSHI for Applicant(s) : 1, None for Respondent(s) : 1, MR KP RAVAL, APP for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE H.B.ANTANI Date : 12/10/2010 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer appeal is directed against
the judgement and order dated 25.2.2010 passed by the learned
Sessions Judge in Sessions Case No.41/2006, whereby the accused has
been acquitted for the offences punishable under Sections 306 of
IPC. It may be recorded that pursuant to the earlier order passed by
this Court in the present appeal, the learned APP has declared
before us that the Government has taken decision of not to prefer
appeal against the order of acquittal.
Considering
the facts and circumstances and more particularly in view of the two
dying declarations, it is a case to be considered in the appeal.
Hence, leave deserves to be granted. Therefore, granted. The
application is disposed of accordingly.
(Jayant
Patel, J.)
(H.
B. Antani, J.)
vinod
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