Allowed

State of Gujarat v. Hasmukhbhai Ramjibhai Markana

Gujarat HC3 Dec 2021CR.MA/21227/2021

Case brief

AI extract

What is this about?

Single-judge oral order dismissing a custody matter. The High Court at Ahmedabad condoned a 10-day delay in filing a Criminal Misc. Application. It also granted leave to appeal challenging an acquittal under the Negotiable Instruments Act and admitted the Criminal Appeal, issuing a bailable warrant.

What did the court decide?

Condoned 10-day delay; granted leave to appeal; admitted Criminal Appeal; issued bailable warrant.

State of Gujarat Vs Hasmukhbhai Ramjibhai Markana — Criminal Trial and Appeal | Gujarat HC (2021)

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R/CR.MA/21228/2021 ORDER DATED: 03/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 21228 of 2021 In R/CRIMINAL MISC.APPLICATION NO. 21227 of 2021 With R/CRIMINAL APPEAL NO. 1825 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 21227 of 2021 In CRIMINAL APPEAL NO. 1825 of 2021

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================================================================ STATE OF GUJARAT

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Versus

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HASMUKHBHAI RAMJIBHAI MARKANA

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================================================================

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Appearance:

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MS MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR(2) for the Applicant(s) No. 1

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for the Respondent(s) No. 1

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================================================================

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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

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Date : 03/12/2021

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ORAL ORDER

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Order in Criminal Misc. Application No. 21228 of 2021

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The present Criminal Miscellaneous Application is filed by the applicant – State seeking condonation of delay of 10 days caused in preferring the Criminal Appeal.

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Considering the submissions advanced and also considering the averments made in the application, this application is allowed. The delay of 10 days caused in preferring the Criminal Appeal is condoned.

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Page 1 of 2

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R/CR.MA/21228/2021 ORDER DATED: 03/12/2021

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Order in Criminal Misc. Application No. 21227 of 2021

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The present Criminal Miscellaneous Application is filed by the applicant – State under Section 378(4) of the Code of Criminal Procedure seeking leave to appeal challenging the impugned judgment and order dated 29.11.2019 passed in Sessions Case No. 29 of 2015 by the learned Additional Sessions Judge, Rajkot at Gondal recording the acquittal under the Negotiable Instruments Act.

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Heard APP Ms. Monali Bhatt for the applicant – State.

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Perused the judgment and order dated 29.11.2019 passed in Sessions Case No. 29 of 2015 by the learned Additional Sessions Judge, Rajkot at Gondal, and considering the averments made in the application and considering the submissions made by the learned Additional Public Prosecutor, the matter requires consideration. Therefore, the leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed and disposed of accordingly.

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Order in Criminal Appeal No. 1825 of 2021

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This appeal is ADMITTED.

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Issue Bailable Warrant in the sum of Rs.5,000 (Rupees Five Thousand Only).

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CAROLINE

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Page 2 of 2

State of Gujarat v. Hasmukhbhai Ramjibhai Markana

Case brief

What is this about?

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State of Gujarat v. Hasmukhbhai Ramjibhai Markana

Case brief

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