(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. RULE.
The present application under Section 378(1)(3) of the Code of Criminal Procedure has been preferred by the applicant-State of Gujarat for leave to appeal against the impugned judgment and order of acquittal passed by the learned Additional Sessions Judge, Bhavnagar dated 23/03/2012 in Sessions Case No. 40/2009 acquitting the respondents-original accused for the offence punishable under Sections 489(A)(B) and 34 of Indian Penal Code.
2. Having heard Ms. C.M. Shah, learned APP appearing on behalf of the applicant-State and considering the impugned judgment and order of acquittal passed by the learned trial Court, we are of the opinion that leave to appeal deserves to be granted. Hence, leave to appeal as prayed for is granted.
3. With this, the present application is allowed. Rule is made absolute accordingly.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2