MAHENDRAKUMAR CHANDULAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned counsel Mr. Yatin Soni for the appellant has taken a serious objection to the appearance of learned APP Ms. Monali Bhatt for State of Gujarat on the ground that the State of Gujarat is a formal party since the learned APP is replaced by CBI counsel Mr.R.C.Kodekar. Learned APP Ms. Monali Bhatt has contended that the State of Gujarat being a party to the appeal, has all the rights to address this court. This matter has been heard since last few days and this court has been addressed by learned APP Ms. Monali Bhatt as also by learned CBI counsel Mr. R.C. Kodekar. Strangely enough the learned counsel Mr. Yatin Soni has no objection against the appearance of CBI counsel who is not party to the appeal but has an objection only against the appearance of learned APP for State; though the State of Gujarat being a party to the proceedings, the objection is not understandable; it is over- d.

(2.) Judgment and order dated 29.9.2000 rendered by the learned Special Judge, Court No.4, Ahmedabad City, in Special Case No. 24 of 1995 recording conviction and ordering the appellant to serve the sentence for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988, (for short "the Act of 1988") is sought to be assailed in this appeal under Section 378(4) of the Code of Criminal Procedure (for short "Cr.P.C.").

(3.) Kantibhai M. Patel, PW No.3 at Exh.39.