Gujarat High Court
State vs Jorubha on 22 November, 2010
Gujarat High Court Case Information System
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CR.MA/9340/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9340 of 2010
In
CRIMINAL
APPEAL No. 1372 of 2010
with
CRIMINAL
APPEAL NO. 1372 OF 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
JORUBHA
HARUBHA JADEJA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KL PANDYA, APP for Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 22/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned APP Mr.K.L.Pandya.
It
is clear from paragraph 89 of the judgment that the actual
transaction is not witnessed by panch No.1. Neither he has heard any
demand nor has he seen acceptance of the amount. Accused
No.3-Panchabhai Ramabhai Barbariya and accused No.2-Ajitsinh
Mahipatsinh Jadeja also went away from the place before the amount
was seized. In such a situation, if the Trial Court has recorded the
acquittal, no fault can be found. Leave to appeal is, therefore,
refused. The application stands dismissed accordingly. As a
consequence, the Criminal Appeal also stands dismissed.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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