HARDIK UMESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application alongwith Criminal Appeal have been filed by original accused no.6- Hardik Umeshbhai @Umdanbhai Sonraj and original accused No.7- Satish @ Bala Lakhubhai Posatar challenging common judgment and order dtd. 27/7/2021 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No.91 of 2018 and Sessions Case No.4 of 2019, which was tried and decided together.

(2.) Mr. B. M. Mangukiya, learned advocate for the applicants submits that though the incident involved in the present cases is one, the learned Sessions Judge having received two criminal cases from learned Magistrate had given two sessions case numbers i.e. Sessions Case No.91 of 2018 and Sessions Case No.4 of 2019. Therefore, the applicants have filed two separate appeals challenging common judgment and have also filed two different applications under sec. 389 of the Code of Criminal Procedure, 1973. He would submit that common charge was framed against present applicants alongwith other co-accused in two difference Sessions cases and therefore, the appellants- applicants decided to file separate appeals.

(3.) Both these aforesaid appeals were admitted by this Court vide different orders passed on 13/10/2021. As far as applications under sec. 389 of the Code of Criminal Procedure, 1973 in different appeals are concerned, Rule was issued asking the applicants to produce relevant documents. Accordingly, necessary documents were produced by the appellants- applicants.