Gujarat High Court
Pintoo Somabhai Bariya vs State Of Gujarat on 22 June, 2022
Bench: Vipul M. Pancholi, Rajendra M. Sareen
R/CR.A/1590/2013 FARAD DATED: 22/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1590 of 2013
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PINTOO SOMABHAI BARIYA Versus STATE OF GUJARAT ========================================================== Appearance:
MR PRATIK B BAROT(3711) for the Appellant(s) No. 1 MR HK PATEL, PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 22/06/2022 FARAD (PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
1. Resultantly, the present appeal succeeds and is ALLOWED. The impugned judgment and order, Dated:
28.02.2013, passed by the learned Additional Sessions Judge, Panchamahal at Godhra, in Sessions Case No. 100 of 2012, convicting the appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.10,000/-
and in default to undergo further simple imprisonment for the period of three months so also convicting him for the offence under Section 201 of the IPC and sentencing him to undergo imprisonment for one year and to pay fine of Rs.1,000/- and in default to undergo further simple imprisonment for one month is, Page 1 of 2 Downloaded on : Wed Jun 22 21:56:55 IST 2022 R/CR.A/1590/2013 FARAD DATED: 22/06/2022 hereby, QUASHED and set aside.
1.1 The concerned jail authority is DIRECTED to set the present appellant at liberty, forthwith, if, not required in connection with any other case.
1.2 The amount of fine, if any, paid by the appellant, shall be REFUNDED to him, immediately.
1.3 The Registry is DIRECTED to send the R&P back to the concerned trial Court, forthwith.
(UMESH H. CHAVDA) PRINCIPAL PRIVATE SECRETARY CLASS-I, GAZETTED Page 2 of 2 Downloaded on : Wed Jun 22 21:56:55 IST 2022