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CR.MA/9412/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9412 of 2009
In
CRIMINAL
APPEAL No. 1440 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SURESHBHAI
RAMJIBHAI JORIYA & 2 - Respondent(s)
=========================================================
Appearance :
MR
KL PANDYA, APP for Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 16/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to appeal is directed against the
Judgement and Order dated 07.05.2009 passed by the learned Sessions
Judge, in Sessions Case No.9/09, whereby the accused have been
acquitted for the offences under sections 323, 324, 325 and 114 of
the Indian Penal Code and section 135 of the Bombay Police Act.
It
has been stated by the learned APP that in the cross case being
Sessions Case No.129/08, the accused were acquitted against which
the State had preferred Cr. Misc. Application No.9009/09 with Cr.
Appeal No.1387/09 and this Court (Coram: J.R. Vora & Sharad
D.Dave, J.J.) vide order dated 30.11.2009 has granted leave and the
appeal is also admitted.
In
view of the above and considering the facts and circumstances, we
find that there is a good case to be considered in appeal. Hence,
leave deserves to be granted and therefore, granted.
Application
disposed of accordingly.
(JAYANT
PATEL, J.)
(RAJESH
H. SHUKLA, J.)
*bjoy
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