Gujarat High Court Case Information System
Print
CR.MA/12877/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12877 of 2009
In
CRIMINAL
APPEAL No. 2212 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
BHAVSINGBHAI
VECHATBHAI PATEL & 1 - Respondent(s)
=========================================================
Appearance :
PUBLIC
PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 11/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is preferred for leave to appeal against the
Judgement and Order passed by the learned Sessions Judge dated
29.04.2009 in Sessions Case No. 118/06, whereby both the accused are
acquitted for the offences under sections 143,395 and 427 of the
IPC.
We
have heard the learned APP. We have considered the Judgement and
Order of the learned Sessions Judge. We have also considered the
record and deposition of the witnesses.
It
appears to us that so far as accused No.1 is concerned, there is a
good case to be considered in the appeal and leave deserves to be
granted. However, so far as accused No.2 is concerned, upon perusal
of the record, it appears to us that there is no sufficient evidence
about his presence at the time of incident. Therefore, if the
benefit is given by the learned Sessions Judge to the accused No.2,
the same cannot be said to be erroneous. Therefore, leave does not
deserve to be granted for preferring appeal qua accused No.2.
In
view of the aforesaid, leave to appeal granted for accused No.1 and
not granted for accused No.2.
Application
disposed of accordingly.
(JAYANT PATEL, J.)
(RAJESH H. SHUKLA, J.)
*bjoy
Top