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CR.MA/12537/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12537 of 2009
In
CRIMINAL
APPEAL No. 2142 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
VERSHIBHAI
VASRAMBHAI HARIJAN (PARMAR) & 1 - Respondent(s)
=========================================================
Appearance
:
MR
LB DABHI, LD. ADDL. PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer appeal is directed against
the judgment and order dated 28th July 2009 passed by the
learned Sessions Judge in Sessions Case No.142 of 2007, whereby the
accused have been acquitted for the offence under Sections 302 and
34 of the Indian Penal Code read with Sections 177, 187 and 134 of
the Motor Vehicle Act.
It
has been stated that the learned Sessions Judge has convicted the
accused no.3 for the offence under Section 302 of the Indian Penal
Code and has imposed sentence for life imprisonment, against which,
appeal being Criminal Appeal No.1404 of 2009 has been admitted by
this Court vide order dated 10th August 2009.
Under
these circumstances, it is a good case to be considered in appeal.
Hence, leave deserves to be granted and, therefore, granted. The
present application is disposed of accordingly.
(Jayant
Patel, J)
(Z.
K. Saiyed, J)
Anup
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