STATE OF GUJARAT Vs. ZALA KANUBHAI KANTUJI

JUDGEMENT

(1.) The State of Gujarat is before this Court being aggrieved by order dated 4-1-2007 passed below application, Exhibit 1 in Sessions Case No. 87 of 2006 by the learned Sessions Judge, Patan, whereby the learned Sessions Judge was pleased to dismiss the application, Exh. 1 dated 9-11 -2006 filed under Sec. 307 of the Code of Criminal Procedure (hereinafter referred to as "the Code") praying that he be tendered a pardon. Rule, Mr. Naik, learned advocate appearing for the respondent waives service of rule. The respondent has also approached this Court by filing Criminal Revision Application No. 27 of 2007 challenging the very same order wherein this Court issued rule on 25-1-2007 returnable on 28-2-2007.

(2.) When the matter came up for consideration the learned APP prayed for time on the ground that he has received instructions to challenge the order impugned. The matter was adjourned from time to time. The State has filed the present Criminal Revision Application.

(3.) Brief facts of the case are set out in para 2 in the Revision Application (Criminal Revision Application No. 105 of 2007). Para 2 is reproduced for ready perusal: