STATE OF GUJARAT Vs. GALABHAI MANJIBHAI DAMOR

JUDGEMENT

(1.) AS common question of facts and law involved in these revision applications, hence they are disposed of by this common judgment.

(2.) THE brief facts giving rise to these petitions are as under.

(3.) THE present respondent ? original accused was working as a Manager in the said trust and therefore he was chargesheeted in the trial court. While dismissing the discharge application preferred by the respondent-original accused, it is observed by the learned Magistrate that, in the presence of respondent-original accused, all the transactions took place and respondent-original accused had given promise to the persons who have applied for the post of clerk in the said trust. It is also held by the trial court that, without recording evidence at this juncture, it could not be said that whether the accused is involved in the crime or not. Prima facie involvement of the accused is found, and in opinion of this Court, no illegality or perversity found in the order passed by the trial court. THE Sessions Court on presumption and assumption come to the conclusion that the present respondent was working as Manager in the said trust and so it can be said that he is not involved in the crime. While deciding such kind of application, the court is only required to see that whether strong prima facie case is there against the accused or not and it is not required to see whether he is convicted or acquitted.