Gujarat High Court
Shibir vs State on 12 May, 2011
Gujarat High Court Case Information System Print CR.MA/6466/2011 1/ 1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 6466 of 2011 ========================================= SHIBIR AHMED ISAMIL LULAT - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================= Appearance : MR MM SAIYED for Applicant(s) : 1, MR LR POOJARI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 12/05/2011 ORAL ORDER
Heard
learned Advocate for the applicant.
It
is submitted that at relevant time when alleged offence took place,
applicant was not present. It is also submitted that the applicant is
citizen of Zambia. He also placed on record passport which also
shows that applicant was not present when alleged took place. It is
surprising to note that in the charge sheet, though applicant is not
arrested, his name is shown as accused no.6.
In
view of above, Rule returnable on 28.06.2011.
Interim relief in terms of para – 9(c) is granted.
Mr.L.R.Poojari, learned APP waives service of rule on behalf of
respondent no.1 – State.
[M.D.Shah,
J.]
satish
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