Gujarat High Court
Patel Rameshbhai Kanjibhai vs State Of Gujarat & ... on 20 October, 2016
Bench: Harsha Devani, Biren Vaishnav
R/CR.A/1/2012 FARAD
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO.1 of 2012
With
CRIMINAL APPEAL NO.4 of 2012
With
CRIMINAL APPEAL NO.5 of 2012
With
CRIMINAL APPEAL NO.140 of 2012
With
CRIMINAL APPEAL NO.142 of 2012
With
CRIMINAL APPEAL NO.148 of 2012
With
CRIMINAL APPEAL NO.192 of 2012
With
CRIMINAL APPEAL NO.582 of 2012
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PATEL RAMESHBHAI KANJIBHAI....Appellant(s) Versus STATE OF GUJARAT & 1....Opponent(s)/Respondent(s) ============================================= Appearance:
Criminal Appeals No.1/2012, 4/2012 and 5/2012 MR YOGESH LAKHANI, SR. ADVOCATE with MR JAYPRAKASH UMOT and MR NARENDRA JAIN, ADVOCATES for SV RAJU ASSOCIATES, ADVOCATE for the Appellant(s) No.1 - 29 MR KB ANANDJIWALA, LEARNED SPECIAL PUBLIC PROSECUTOR with MR SC SHAH, LEARNED SPECIAL ASSISTANT PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No.2 MR HK PATEL & MS NISHA M THAKORE, ADDITIONAL PUBLIC PROSECUTORS for the Opponent(s)/Respondent(s) No.1 Criminal Appeal No.140/2012, 142/2012 and 148/2012 MR MIHIR DESAI, SR. ADVOCATE with MR KALPESH N SHASTRI, ADVOCATE for the Appellants MR HK PATEL & MS NISHA M THAKORE, ADDITIONAL PUBLIC PROSECUTORS for the Opponent(s)/Respondent(s) No.1 MR YOGESH LAKHANI, SR. ADVOCATE with MR JAYPRAKASH UMOT and MR NARENDRA JAIN, ADVOCATES for SV RAJU ASSOCIATES, ADVOCATE for the private respondents Criminal Appeal No.192/2012 MR HK PATEL & MS NISHA M THAKORE, ADDITIONAL PUBLIC PROSECUTORS for the Appellant MR YOGESH LAKHANI, SR. ADVOCATE with MR JAYPRAKASH UMOT and MR NARENDRA JAIN, ADVOCATES for SV RAJU ASSOCIATES, ADVOCATE for Opponent(s) No.1-31 Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Oct 21 00:21:51 IST 2016 R/CR.A/1/2012 FARAD Criminal Appeal No.582/2012 MR KB ANANDJIWALA, LEARNED SPECIAL PUBLIC PROSECUTOR with MR SC SHAH, LEARNED SPECIAL ASSISTANT PUBLIC PROSECUTOR for the Appellant MR YOGESH LAKHANI, SR. ADVOCATE with MR JAYPRAKASH UMOT and MR NARENDRA JAIN, ADVOCATES for SV RAJU ASSOCIATES, ADVOCATE for Opponent(s) No.1-31 MR HK PATEL & MS NISHA M THAKORE, ADDITIONAL PUBLIC PROSECUTORS for the Opponent(s)/Respondent(s) No.32 ============================================= CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI and HONOURABLE MR. JUSTICE BIREN VAISHNAV Date : 20/10/2016 FARAD (PER : HONOURABLE MS. JUSTICE HARSHA DEVANI) For the reasons recorded in the judgment, the court passed the following order:-
Criminal Appeal No.1/2012 partly succeeds and is accordingly allowed. Accused No.6 - Amratbhai Somabhai Patel and Accused No.35 - Sureshkumar Baldevbhai Patel of Sessions Case No.275 of 2002 are hereby acquitted of all the offences with which they are charged. Criminal Appeal No.4 of 2012 and Criminal Appeal No.5 of 2012 succeed and are accordingly allowed. Accused No.9 of Sessions Case No.7 of 2009 - Kalabhai Bhikhabhai Patel is hereby acquitted of all the offences with which he is charged. The judgment and order of conviction and sentence qua the above accused is hereby quashed and set aside and the appellants are ordered to be forthwith set at liberty unless otherwise required in any other case. Their bail bonds shall stand discharged.
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R/CR.A/1/2012 FARAD
Accused No.1 - Rameshbhai Kanjibhai Patel, accused No.5 - Jayantibhai Mangalbhai Patel, accused No.11 - Jagabhai Davabhai Patel, accused No.16 - Mangalbhai Mathurbhai Patel, accused No.18 - Bhikhabhai Joitabhai Patel, accused No.27 - Mathurbhai Ramabhai Patel, accused No.31 - Ramanbhai Jivanbhai Patel, accused No.46 - Rameshbhai Prabhabhai Patel, accused No.49 - Kanubhai Joitaram Patel, accused No.50 - Ramanbhai Ganeshbhai Prajapati in Sessions Case No.275 of 2002 and accused No.7 in Sessions Case No.120 of 2008 - Dahyabhai Vanabhai Patel are hereby given benefit of doubt and acquitted of all the offences with which they are charged. The judgment and order of conviction and sentence qua the above accused is hereby quashed and set aside and the appellants are ordered to be forthwith set at liberty unless otherwise required in any other case. Their bail bonds shall stand discharged.
While maintaining the judgment and order of conviction and sentence qua accused No.2 - Patel Chaturbhai @ Bhurio Vitthalbhai, accused No.14 - Patel Kacharabhai Tribhovandas, accused No.28 - Patel Sureshbhai Ranchhodbhai, accused No.30 - Patel Tulsibhai Girdharbhai, accused No.32 - Patel Rajeshbhai Karsanbhai, accused No.33 - Patel Rameshbhai Kantibhai, accused No.34 - Patel Madhabhai Vitthalbhai, accused No.37 - Patel Vishnubhai Prahladbhai, accused No.38
- Patel Rajendrakumar @ Rajesh Punjabhai, accused No.40 - Patel Prahladbhai Jagabhai, accused No.41 - Patel Rameshbhai Ramabhai, accused No.42 - Patel Purshottambhai @ Pashabhai Mohanbhai, accused No.43 - Patel Ashwinbhai Jagabhai, accused No.44 - Patel Ambalal Maganbhai Kapur, accused Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Oct 21 00:21:51 IST 2016 R/CR.A/1/2012 FARAD No.48 - Patel Jayantibhai Ambalal, accused No.52 - Patel Dahyabhai Kacharabhai and accused No.54 - Patel Mathurbhai Trikamdas in Sessions Case No.120 of 2008, they are hereby acquitted of the offences under sections 336, 337 and 295A of the Indian Penal Code. The judgment and order of conviction and sentence is hereby set aside to the aforesaid extent qua the said accused whereas the rest of the order of conviction and sentence is hereby maintained.
Criminal Appeals No.140 of 2012, 142 of 2012, 148 of 2012, 192 of 2012 and 582 of 2012 fail and are accordingly dismissed.
(Hema K. Iyer) PPS Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Oct 21 00:21:51 IST 2016