Order in Criminal Misc. Application No. 8700 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 09/11/2012 passed by the learned Special Judge and 2nd Additional Sessions Judge, Khambhaliya in Special (GEB) Case No. 31 of 2012 acquitting the opponent herein original accused for the offence punishable under Section 135 of the Electricity Act, 2003.
2. Heard Mr. K. L. Pandya, learned Additional Public Prosecutor appearing on behalf of the applicant - State and perused the impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.
Order in Criminal Appeal No. 796 of 2013:
1. Heard Mr. K. L. Pandya, learned Additional Public Prosecutor appearing on behalf of the appellant State of Gujarat and perused the impugned judgment and order of acquittal. It prima facie appears that the appeal deserves consideration. Hence, the appeal is admitted.
2. Bailable Warrant in the sum of Rs.10,000/- (Rupees Ten thousand only) be issued against the respondent herein - original accused .
[ G. B. Shah, J. ] hiren Page 2 of 2