Gujarat High Court
Dipakbhai Jagdishchandra Patel vs State Of Gujarat & on 8 September, 2009
Author: Harsha Devani
Bench: Harsha Devani
SCR.A/1230/2009 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION No. 1230 of 2009
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DIPAKBHAI JAGDISHCHANDRA PATEL - Petitioner(s)
Versus
STATE OF GUJARAT & 1 - Respondent(s)
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Appearance :
MR CL SONI for Petitioner(s) : 1,
MR DC SEJPAL, ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) : 1, 2
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CORAM : HONOURABLE MS. JUSTICE H.N.DEVANI
Date : 08/09/2009
ORAL ORDER
1. Heard Mr. C.L. Soni, learned advocate for the petitioner.
2. Attention is invited to the charge-sheet papers annexed with the petition to point out that the only evidence against the petitioner is the statement of the co-accused stating that he had kept the money in the custody of the present petitioner who was aware that the same is counterfeit currency. It is submitted that apart from the said evidence, there is no other evidence. Hence, there being no legal evidence against the petitioner, there is no chance of the petitioner being ultimately convicted.
3. Having regard to the submissions advanced by the learned advocate for the petitioner and having heard the learned Additional Public Prosecutor, issue rule returnable on SCR.A/1230/2009 2/2 ORDER 05th October, 2009. By way of ad-interim relief, further proceedings of Sessions Case No.204 of 2008 pending in the Court of the learned City Civil & Sessions Judge, Court No.16, Ahmedabad are hereby stayed qua the present petitioner - Dipakbhai Jagdishchandra Patel only.
4. Mr. D.C. Sejpal, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondents.
( Harsha Devani, J. ) hki