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SCR.A/213/1998 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 213 of 1998
For
Approval and Signature:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BHOPABHAI
SHANABHAI BHARWAD - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AD DESAI for
Applicant(s) : 1,
Mr HL Jani, Addl.PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 07/05/2007
ORAL
JUDGMENT
Upon
Notice being issued to the original complainant after conversion of
the Revision Application into Special Criminal Application, the
original complainant has appeared through learned advocate Mr M.O.
Barot and he has himself remained present in the court. It was
jointly submitted by learned counsel on both sides that, after the
petitioner being convicted for the offence under section 161 of the
Gujarat Panchayats Act, 1961 for allowing his cattle to stray in the
field of the complainant and causing damage to the crops and after
rejection of his appeal, the parties have entered into an amicable
settlement and the petitioner has made good the loss caused to the
original complainant. Therefore, the original complainant i.e.
respondent No.2, as also the learned APP had no objection to the
order of conviction and sentence being set aside in the interest of
justice and to prevent unnecessary imprisonment of one month for the
petitioner. Therefore, by consent and upon joint request of the
parties who are present in the court, the petition is allowed and the
judgment and order dated 28.8.1997 of learned J.M.F.C., Matar and the
order dated 7.1.1998 of learned Sessions Judge in Criminal Appeal
No.7 of 1997 are set aside. Rule is made absolute with no order as
to costs. Bail bonds furnished by the petitioner shall stand
cancelled.
sd/-
[D.
H. Waghela, J.]
msp
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