Order in Criminal Misc. Application No. 7277 of 2013:
1. Present application, under section 378(1)(3) of the Code of Criminal Procedure, 1973 has been preferred by the applicant State of Gujarat for Leave to Appeal against the impugned judgment and order of acquittal dated 03/11/2012 passed by the learned Additional Sessions Judge, Court No. 6, City Sessions Court, Ahmedabad in Sessions Case No. 494 of 2009 acquitting the opponents herein original accused for the offence punishable under Sections 306 r/w. Section 114 of the Indian Penal Code.
2. Heard Mr. K. L. Pandya, learned Additional Public Prosecutor appearing on behalf of the applicant - State and learned advocate Mr. Manish J. Patel for the respondent Nos. 1 and 2 original accused Nos. 1 and 2. Learned advocate Mr. Patel has submitted that the impugned judgment and order has also been challenged by preferring the Criminal Appeal No. 1863 of 2012 by the respondent Nos. 1 and 2 herein original accused Nos. 1 and 2 and the same has already been admitted.
3. In view of the above, present application is allowed and Leave to Appeal, as prayed for, is hereby granted.
Order in Criminal Appeal No. 695 of 2013:
1. Heard Mr. K. L. Pandya, learned Additional Public Prosecutor appearing on behalf of the appellant State of Gujarat and learned advocate Mr. Manish J. Patel for the respondent Nos. 1 and 2. In view of Criminal Appeal No. 1863 of 2012 challenging the same judgment and order, the appeal is also admitted.
2. Learned advocate Mr. Patel has submitted that, he will furnish the latest address of both the respondent Nos. 1 and 2 original accused Nos. 1 and 2.
3. Bailable Warrants, in the sum of Rs.10,000/- (Rupees Ten thousand only) each, be issued against the respondent Nos. 1 and 2 herein - original accused Nos. 1 and 2.
4. The office is further directed that as and when the Criminal Appeal No. 1863 of 2012 be listed for hearing, this Criminal Appeal No. 695 of 2013 be also listed along with the same.
[ G. B. Shah, J. ] hiren Page 3 of 3