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2022 Supreme(Online)(Guj) 9762

HIGH COURT OF GUJARAT
S.H. Vora, Rajendra M. Sareen, JJ
STATE OF GUJARAT – Appellant
Versus
DEVIPUJAK RATILAL ABHUBHAI GARIBBHAI @ KARIMBHAI – Respondent


Advocates:
For the Appellants/Petitioners: MR HK PATEL
For the Respondents:

Table of Content
1. application for leave to appeal against acquittal. (Para 1)
2. court's reassessment of evidence leads to granting leave to appeal. (Para 2)

ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA) Order in Criminal Misc. Application No.17386 of 2022

1. By way of present application under Section 378 (1)(3) of the Code of Criminal Procedure , the applicant-State seeks leave to appeal against the judgment and order dated 24.06.2022 rendered in Sessions Case No.11 of 2019 by the learned Sessions Judge, Mehsana whereby the private respondent-accused came to be acquitted from the charge of offence punishable under Sections 302, 201 of Indian Penal Code and section 135 of G.P.Act.

2. Having heard learned APP for the applicant – State and considering impugned judgment and our primary re- assessment and re-appreciation of evidence at glance, present application deserves consideration. Therefore, leave to appeal is required to be granted and accordingly it is granted. The present application is allowed accordingly.

Order in Criminal Appeal No.1870 of 2022 Appeal is admitted.

Bailable warrant be issued in the sum of Rs.15,000/- against each of the respondent-original a

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