State of Gujarat vs Girishbhai Popatbhai Bhalia

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 631

S. V. PINTO
State of Gujarat – Appellant
Versus
Girishbhai Popatbhai Bhalia – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Jirga Jhaveri.
For the Respondents: Shivangi Vyas, Nishant Lalakiya.

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant-State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 20.02.2006 passed by the learned Special Judge & Presiding Officer, Fast Track Court No. 7, Rajkot (herein after referred to as ‘the learned Trial Court’) in Special (ACB) Case No. 6 of 1994, whereby, the learned trial Court has acquitted the respondent from the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act (herein after referred to as ‘the Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under: