STATE OF GUJARAT Vs. SURESHSINH RAJVATSINH PARMAR

JUDGEMENT

(1.) Heard learned APP Ms. Jirga D. Jhaveri for the applicant and learned advocate Mr. Ekant G. Ahuja for the respondent. Perused the record.

(2.) The applicant herein is a prosecuting agency which has preferred an appeal against acquittal of the respondent from the charges under Section 13(1)(d)(1)(2)(3) and 13(2) of the Prevention of Corruption Act, 1988 by Sessions Judge (ACB) of Ahmedabad City in Special Case ACB No.16 of 2013. Such judgment of acquittal dated 27.8.2015 proposed to be impugned in the appeal and, therefore, an application is preferred under Section 378(1) and 378(3) of the Code of Criminal Procedure, 1973 for leave to appeal.

(3.) Learned APP has submitted that there is ample evidence in form of witnesses to confirm that respondent has committed offences as alleged against him and, therefore, leave should be granted so as to challenge the judgment of acquittal and, thereby, to register the criminal Appeal as such and, thereupon, to issue notice upon the respondent that why he should not be sentenced for the offences committed by him.