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1962 Supreme(Guj) 32

P.N.BHAGWATI, J.M.SHELAT, A.R.BAKSHI
STATE OF GUJARAT – Appellant
Versus
KALU KHODA and STATE – Respondent


Advocates Appeared: BATUBHAI H.DESAI, D.U.SHAH

J. M. SHELAT, J.

( 1 ) THESE are four Criminal Revision Applications together with an application No. 89 of 1962 for bail by the accused in sessions Case No. 15 of 1961.

( 2 ) ON the 19th of September 1960 at about 10-0 P. M. the accused Kalu Khoda Taj Mahomed Siddi and five others were said to have committed dacoity at the house of one Mohanlal Narbheram in the village Tatenia Amreli District. The accused Taj Mahomed and five others were chargesheeted in respect of the aforesaid offence in the Court of the learned Judicial Magistrate First Class Dhari under sections 395 398 read with section 109 of the Penal Code and section 19 (e) of the Arms Act. That case was numbered as Criminal Case No. 804 of 1960. The accused Kalu Khoda could not be chargesheeted at that time as he was absconding and therefore a separate chargesheet had to be lodged in the Court of the same learned Magistrate being Criminal Case No. 405 of 1961. It was only on the 23rd of Match 1961 that the accused Kalu Khoda was arrested. One of the accused persons Nanji Suleman was in the meantime tendered pardon by the sub-divisional Magistrate Amreli. The learned committing Magistrate examined some of the witnesses in c































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