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2016 Supreme(Guj) 1059

S.G.SHAH
Pandya Rajnikant Chimanlal – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : B.M. Mangukiya
For the Respondent: Reeta Chandarana

JUDGMENT :

S.G. Shah, J.

1. All these appeals are arising out of the common impugned judgment and order dated 13.02.2009 by Special Judge, Fast Track Court No. 1, Patan in Special ACB Case No. 1 of 2005 whereby both the accused in such case were convicted and sentenced is awarded as under:

Section

Sentence

Fine

In default of payment of fine

13(1)(d)(i)(ii)(iii)

1 year R.I.

Rs. 1000/-

15 days S.I.

13(2)

1 year R.I.

Rs.1000/-

15 days S.I.

1.1 However, the Special Court has directed to undergo such sentence concurrently and thereby practically accused were awarded imprisonment of 1 year with fine of Rs. 2000/-.

2. Criminal Appeal No. 590 of 2009 is preferred by original accused No. 2 Mr. R.C. Pandya whereas Criminal Appeal No. 598 of 2009 is preferred by original accused No. 1 Mr. N.D. Vyas and Criminal Appeal No. 755 of 2009 is preferred by the State being prosecuting agency against both the accused for enhancement of sentence. Therefore, all these appeals are decided together by this common judgment and order.

3. The prosecution case before the Special Court is

















































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