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CR.MA/837720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8377 of 2008
In
CRIMINAL
APPEAL No. 1818 of 2008
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
NATVARBHAI
CHHAGANBHAI PATEL & 1 - Respondent(s)
=========================================
Appearance
:
MR KT DAVE, ADDL. PUBLIC
PROSECUTOR for Applicant(s) : 1,
None for
Respondent(s) : 1 - 2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 11/11/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed seeking leave to appeal against judgment
and order dated 5.4.2008 passed by the learned Addl. Sessions Judge,
Fast Track Court No. 11, Vadodara, in ACB Case No. 3 of 2007.
Heard
learned APP Mr. K.T. Dave.
The
learned APP submitted that the learned Judge has erred in
appreciating the evidence in its true perspective. He also submitted
that the learned Judge has committed an error in recording acquittal
by not appreciating the evidence and by overlooking the part of the
evidence, which was directly implicating the accused in the offence.
Prima
facie, this Court is of the opinion that the matter requires
consideration.
Hence,
the application is allowed. Leave to appeal is granted.
[Ravi
R. Tripathi, J.]
[Rajesh
H. Shukla, J.]
(hn)
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