R/CR.MA/18619/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 18619 of
2017
In CRIMINAL APPEAL NO. 989 of 2017
With
CRIMINAL APPEAL NO. 989 of 2017
STATE OF GUJARAT….Applicant(s)
Versus
KIRANBHAI SUMLABHAI DAMOR 2….Respondent(s)
Appearance:
MR KP RAVAL, APP for the Applicant(s) No. 1
CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 23/08/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
ORDER IN CRIMINAL MISC.APPLICATION
1. Heard Mr.K.P. Raval, learned APP for the applicantState.
2. The applicant has filed this application for leave to appeal
against the judgment and order of acquittal for the offences
punishable under Sections 302, 498A and 114 of the Indian Penal
Code, dated 8.2.2017 passed by the learned Principal Sessions
Judge, Dahod, in Sessions Case No.197 of 2015.
3. Learned APP appearing for the applicantState would contend
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R/CR.MA/18619/2017 ORDER
that evidence galore on the record about heinous crime committed
by the respondentsaccused, therefore, the evidence appreciated by
the learned Sessions Judge, needs reappraisal.
4. Considering the facts and circumstances of the case, this
application is allowed in terms of para 5(b) of the application. Rule
is made absolute accordingly.
ORDER IN CRIMINAL APPEAL
Admit.
Heard Mr.K.P. Raval, learned APP for the applicantState.
Notice of admission to the respondentsaccused be served
through the incharge police officer of the area where the
respondentsaccused are residing. The Registry is directed to issue
bailable warrant in the sum of Rs.5,000/ each against the
respondentsaccused. Registry is directed to call for R and P from
the concerned trial Court so as to reach this Court forthwith.
(ANANT S.DAVE, J.)
(R.P.DHOLARIA,J.)
ali
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