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2025 Supreme(Online)(Guj) 9846

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D. M. VYAS, JJ
BHARATBHAI KANTIBHAI BHARWAD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR CHITRAJEET B. UPADHYAYA, MR DARSHIT H RAVAL
For the Respondents: MR RUTVIJ OZA, MS POONAM M MAHETA, MS KRINA CALLA

Table of Content
1. the admission process of the appeal is discussed. (Para 1 , 2)
2. details of the accused's medical negligence leading to a death. (Para 3 , 4 , 5)
3. legal discussion on the applicability of section 304 and 304a of the ipc. (Para 6)
4. conclusion regarding the admission of the appeal. (Para 7)

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This appeal has come up before us today for admission. We have heard Mr. Chitrajeet B. Upadhyaya with Mr. Darshit H. Raval, learned counsel for the appellant, Ms. Krina Calla, learned Additional Public Prosecutor for the respondent No. 1 – State and Mr. Rutvij Oza, learned counsel for the second respondent.

2. We have perused the copy of the judgment of the trial Court and the other material available on record.

3. The second respondent is the sole accused in Sessions Case No. 16 of 2021 on the file of the learned 7th Additional District and Sessions Judge, Ahmedabad (Rural) at Dholka. He was prosecuted for the offences punishable under Sections 30 4 of the Indian Penal Code , 1860 (IPC) and Sections 124 and 133 of the Medical Practitioners’ Act, 2008 (Act of 2008) and Sections 30 and 33 of the Gujarat Medical Practit

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