STATE OF GUJARAT Vs. JETHISINH KULUBAVA PADHIYAR

JUDGEMENT

(1.) RULE . Learned counsel Mr.B.B.Naik waives service of notice of Rule on behalf of the respondent.

(2.) LEARNED Additional Public Prosecutor on behalf of the applicant -State submitted that : -

(3.) LEARNED counsel for the respondent has relied upon the decisions delivered by the Hon'ble Supreme Court Rajeev v. State (NCT Of Delhi), 2001 AIR(SC) 2369 and Uday Mohanlal v. State of Maharashtra, 2001 AIR(SC) 1910 and has submitted that if the sentence can be awarded less than 10 years, then minimum sentence is to be seen and not the maximum sentence. If the sentence can be awarded from one year to life imprisonment, the Court has to see the fact that if the one year sentence is awarded, the charge -sheet ought to have been filed within a period of sixty days and, therefore, the interpretation of the learned Additional Sessions Judge, Vadodara, is absolutely true and correct and, therefore, this Criminal Revision Application preferred by the State deserves to be dismissed.