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2021 Supreme(Online)(Guj) 6624

HIGH COURT OF GUJARAT
A.J.DESAI, NIRZAR S. DESAI, JJ
Munno @ Habibsha Rustamsha Diwan – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Madan Barod, Mr. Hemang Parikh
For the Respondents: Mr. J.K.Shah

JUDGEMENT

(PER : HONOURABLE MR. JUSTICE NIRZAR S. DESAI)

1. The present set of appeals are preferred by appellants original accused in the respective appeals filed by them against the judgment and order of conviction dated 03.06.2014 passed by the learned Second Additional Sessions Judge, Anand whereby they have been convicted and sentenced to undergo imprisonment imposed upon them.

2. Learned advocates for the appellants and learned Additional Public Prosecutor for the respondent – State have consented the disposal of these appeals have been arisen out of the same judgment and order. Since the appellant accused of Criminal Appeal No.1115 of 2014 is in the jail since 10 years and Criminal Appeal No.818 of 2014 which has arisen from the same sessions case, both these appeals are taken up for hearing, with the consent of the learned advocates for the parties.

2.1 The appellant – original accused viz. Munno @ Habibsha Rustamsha Diwan has challenged the judgment and order of conviction and sentence dated 03.06.2014 passed by the learned Second Additional Sessions Judge, Anand in Sessions Case No.94 of 2011 whereby the present appellant accused was convicted for the






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