STATE OF GUJARAT Vs. SANDIPBHAI

JUDGEMENT

(1.) This is a leave to appeal at the instance of the State against the judgment and order of the acquittal, passed in Sessions Case No. 81 of 2020 by the learned Sessions Judge, Ahmedabad City, dtd. 31/12/2021.

(2.) She has drawn the attention of the Court to Exhibit-30 of the evidence of the shop-owner, who had provided water to the accused, who came after causing assault to the deceased and on inquiring with regard to the screaming, he confessed before this witness that he assaulted to the person who was lying outside of the shop.

(3.) Considering the submission made by learned APP Ms. Vrunda C. Shah, this Court finds that there is a substance in the arguments by the learned APP. Hence, leave is required to be granted in preferring the appeal. Hence, leave to appeal is granted. In view thereof, this application stands disposed of. ORDER IN CRIMINAL APPEAL NO. 1639 of 2022 As the leave to appeal has been granted, this appeal is required to be admitted and hence, Admit. To be heard in seriatim. Bailable warrant in the sum of Rs.10,000.00 (Ten Thousand only) be issued against the respondent - accused. Record and Proceedings be sent back to the concerned Court so as to prepare the paper-book.