STATE OF GUJARAT Vs. FIROJ KASAMBHAI HALA

JUDGEMENT

(1.) This Leave to Appeal preferred by the State challenging the judgment and order of acquittal passed by the learned Principal Sessions Judge, Junagadh dtd. 18/2/2022 in Sessions Case No. 132 of 2016 acquitting the respondents from the charges levelled against them.

(2.) Learned APP Ms. Jirga Jhaveri appearing for the State has drawn attention of this Court to the order passed by the Coordinate Bench of this Court, whereby the Appeal filed by the complainant came to be admitted qua the original accused Nos. 1 and 2, and with regard to original accused No. 3 - respondent No. 4, the Appeal was not pressed. Therefore, in view of the submissions made by learned APP, the present Leave to Appeal is required to be granted to prefer Appeal against the judgment and order of acquittal.

(3.) Hence, present Leave to Appeal is allowed. Application stands disposed of accordingly. Leave to Appeal is granted qua respondent Nos. 1 and 2 only as the Coordinate Bench has also admitted the Appeal qua them. Leave to Appeal is rejected qua respondent No. 3. Order in CRIMINAL APPEAL NO. 1285 of 2022 In view of the Leave to Appeal granted in preferring the Appeal, present Appeal is ADMITTED qua respondent Nos. 1 and 2 only. Appeal is dismissed qua respondent No. 3. Bailable warrant in the sum of Rs.15,000.00 be issued against the respondent Nos. 1 and 2 each.