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CR.MA/13138/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13138 of 2009
In
CRIMINAL
APPEAL No. 2294 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
MAYURBHAI
DHIRAJLAL SHETH - Respondent(s)
=========================================================
Appearance
:
MR
LR POOJARI, APP for Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to Appeal is directed against the
Judgment and order dated 21.08.2009 passed by the learned Addl.
Sessions Judge, Surendranagar, in Sessions Case No. 4 of 2009,
whereby the respondent original accused No.1 has been acquitted
for the offences under Sections 306 & 114 of I.P. Code and the
original accused Nos. 2 to 6 have been acquitted for the offences
under Sections 306, 498(A), 114 of I.P. Code and under Sections 3-7
of the Dowry Prohibition Act. However, the respondent accused
No.1 has been convicted for the offence under Section 498-A of
I.P.Code.
It
was submitted by the learned A.P.P. that as per the provision of
Section 393 of the Code of Criminal Procedure even if the appeal
against conviction has been dismissed, this Court has power to
consider the appeal on merit.
Considering
the facts and circumstances, it appears to us that there is a good
case to be considered in appeal. Hence, leave deserve to be
granted, therefore, granted. Application stands disposed of
accordingly.
(JAYANT
PATEL,J.)
(Z.K.SAIYED,
J.)
sas
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