(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.Toliya, learned advocate for the respondent No.1 and Mr.Pandya, learned APP for the respondent-State waive service of rule on behalf of respective parties.
The present application has been preferred by the applicant who is third party and one of the witnesses at the time of trial in Sessions Case No.88 of 2006 with a prayer to get the original license which was produced during the course of the trial at Exh.785.
It is an undisputed position that the document came to be produced by the witness in the trial at Exh.785. Mr.Toliya, learned advocate for respondent No.1 has no objection, if original license - document is permitted to be returned. It further appears from the application that the original document or license is demanded with a view to undertake further process in accordance with law for renewal of license or otherwise.
Considering the facts and circumstances that the trial is over and the matter is at large pending before this Court in the proceedings of the appeal being Criminal Appeal No.2049 of 2010, if the original license is permitted to be returned after retaining the authenticated Photostat / Xerox copy of the said document, it would not prejudice the rights of either side at the time of hearing of the appeal since the Court would be in any case able to see the document and appreciate the same for the purpose of merits of the matter.
Hence, it is ordered that the original license produced at Exh.785, in Sessions Case No.88 of 2006 would be returned to the applicant, after retaining authenticated Photostat - Xerox copy of the said document.
Application is allowed to the aforesaid extent. Rule made absolute.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top