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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: - BHARUCH CRIMINAL APPEAL NO.

OF 2011

RATAN LAXMANBHAI VASAVA AND OTHERS ...APPELLANTS (ORIGINAL ACCUSED) VERSUS THE STATE OF GUJARAT RESPONDENT

INDEX Sr. No. 1. 2. Annexure A Particulars Memo of Appeal A Copy of Order passed by Learned Additional Pages No.s From To

Session Judge, Bharuch in the Session Case

No.47/2009 on Dated. 3 4 B C 09-06-2011 Copies of receipts of fine. A copy application of and the order

Dated-09-06-2011

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: - BHARUCH

CRIMINAL APPEAL NO.

OF 2011

RATAN LAXMANBHAI VASAVA AND OTHERS ...APPELLANTS (ORIGINAL ACCUSED) VERSUS THE STATE OF GUJARAT RESPONDENT

LIST OF EVENTS 16-04-2009-complaint is filed by the complainant. The Appellants have been charged sheeted for the offence punishable under Section 143,147,148,149, 307,323,325,336 of The Indian Penal Code. The appellants have been tried for the said offence and at the conclusion of the trial the Learned Additional session Judge, at Bharuch convicted the appellants in Session Case No-47 of 2009. 09-06-2011- The appellants have been directed to undergone in Section 325,149 for three years rigorous imprisonment and has to pay the fine of Rs.500/- and in default of which they have been directed to undergone three month further simple imprisonment and for the offence punishable under section 147,148,149 of Indian Penal Code six month R.I and fine of Rs.500/- and in default of which one

month simple imprisonment, fine is paid by the appellants. --appellants are in bail during pendency of the case before Ld. Trail Court appellants are on bail. Hence this Criminal Appeal.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: - BHARUCH CRIMINAL APPEAL NO. OF 2011

1. RATAN LAXMANBHAI VASAVA, 2. PRAVIN MANSHUKBHAI VASAVA, 3. JAYANTIBHAI HIRIYABHAI VASAVA, 4. BHUDHIYA HIRIYABHAI VASAVA, All are Residing at Village-Bhimpor, Tal-Jhagadia, Dist-Bharuch....APPELLANTS (ORIGINAL ACCUSED) VERSUS THE STATE OF GUJARAT (Notice to be served through the Public Prosecutor Gujarat High Court, Sola, Ahmadabad) RESPONDENT

Reg. :-

Criminal Appeal Under Section 374 of Code of Criminal Procedure, 1973 Against the Judgment and Order passed by the Ld. Additional Session 2011. Sessions Judge,Bharuch, in

Case

No-47/2009

Dated.09-06-

TO, HON'BLE CHIEF JUSTICE AND OTHER HON'BLE CHIEF JUDGES

OF THE GUJARAT HIGH COURT SOLA AT AHMEDABAD THE HUMBLE APPEAL OF THE

APPELLANTS ABOVE NAMED. MOST RESPECTFULLY SHEWETH THAT:(1) The Appellants have been charged sheeted for the offence punishable under Section 143,147,148,149, 307,323,325,336 of The Indian Penal Code. The appellants have been tried for the said offence and at the conclusion of the trial the Learned Additional Session Judge, at Bharuch convicted the appellants in Session Case No-47 of 2009. The appellants have been directed to undergone in Section 325,149 for three years rigorous

imprisonment and has to pay the fine of Rs.500/- and in default of which they have been directed to undergone three month further simple imprisonment and for the offence punishable under section

147,148,149 of Indian Penal Code six month R.I and fine of Rs.500/- and in default of which one month simple imprisonment. The certified copy of the Judgment and order of the conviction passed by Learned Judge is annexed hereto as Annexure-A and

appellants already aid fine receipts are here as Annexure-B. Ld. Trail court granted time for the one month up to 09-07-2011. A copy of the application and order is here Annexure-C. (2) Being aggrieved and dissatisfied aforesaid

Judgment and order passed by the Learned Additional Session Judge, at Bharuch Dated-0906-2011 in Session Case No-47 of 2009 the appellants preferred this Present Criminal

Appeal following main ground against other which may be urged and argued at the time of hearing of this appeal. GROUNDS (A) That the order and judgment passed by Ld. Session Court is totally illegal, unjust, against the principal of law and against the settle legal position and evidence on

record, contrary to the Provision of Law, contrary to the settled Principal and

therefore this Hon'ble Court is liable to quash and setting aside in the interest of justice.

(B)

that the judgment and order of conviction and sentence recorded by the Ld. Trail court is contrary to the provision of law, facts, and evidence in the case and as such, deserves to be set aside.

(C) That the Ld. Session Judge has error in holding the appellant guilty for the offence punishable under section 325,149,147,148, of IPC So on that ground also is pleased to consider in the interest of justice and acquit the appellant in interest of justice. (D) that the complainant Punkaj @ Panchiya is chance and tottered witness so Ld. Trail judge erred relying up on the evidence of the complainant. (E) that the Ld. Trail court not consider the evidence of the Panchnanma and witness Dharmendra Mangabhai Vasava (Ex-50) are not support the prosecution case. (F) That the injured witness Punkaj had injury on the mouth but the witness not produces Medical Certificate before Ld. Trail Court.

(G)

That the in the evidence before trail court Ex-45 Chatrasing Harishin stated that about the injury he is not stated before doctor, who made attack on him.

(H)

That as per the evidence of the Doctor Injury is in simple in nature.

(I)

That the appreciation of facts and evidence of the case as made by the Ld. Trail Court is contrary to the provision of law, the Ld. Judge has not properly appreciate the facts, evidence and circumstances of the case in its true perspective which has ended in the failure of justice and therefore, the order of conviction and sentence deserved to set aside.

(K)

That the Ld. Session Judge has failed to appreciate that there is no evidence

against the appellants so be pleased to consider this ground also in the interest of justice. (L) That the Ld. Trail Judge has erred in relying upon the evidence of the prosecution.

(M) that the Ld. Session Judge has totally ignore the fact that so on that ground also be pleased to consider in the interest of justice. (N) The Appellant respectfully says and

submits that the Ld. Session Court erred in evaluating evidence of the Prosecution Witness in its proper perspective and that has resulted into gross miscarriage of justice. (O) The Appellant that respectfully Ld. Session says Court and has

submits

committed serious error in facts and in law in not considering the cross examinations, arguments and the authorities sighted by the defense which has caused in failure of justice and therefore, the judgment and order of conviction is required to be

quashed and set a sided. (P) The applicant respectfully say and submits that the Ld. Session Court has committed serious error in facts and in laws in not considering the further statement and

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explanation given by the appellant which has cause failure of justice. (Q) The Appellant respectfully says and

submits that even otherwise the impugned order passed by Ld. Session Courts is bad in Law, illegal and contrary to the evidence on record and therefore, required to quash on record and therefore, required to quash and set aside in interest of justice. (R) That the Ld. Session Judge has failed to consider the in further statement the

appellant has stated that so that ground also be pleased to quash and set aside impugn order in the interest of justice. (6) The appellants have not filed any other Appeal, Application or petition on this subject matter either in this Hon'ble Court or in any other court in India including the Hon'ble Supreme Court of India. (7) The Appellants craves leave to add, alter, delete, substitute, amend and /or rescind any of the grounds mentioned hereinabove.

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(8)

The

appellants,

therefore,

prays

that

this

Hon'ble Court May be pleased (A) YOUR LORDSHIPS be pleased to allow this Criminal Appeal in the interest of Justice. (B) YOUR LORDSHIPS be pleased to allow this Criminal Appeal by quashing and set aside the impugn order passed by the Learned Additional Session Judge,at Bharuch Dated09-06-2011 in Session Case No-47 of 2009 and acquit the present appellants from the charged leveled against them in the

interest of Justice. (C) YOUR LORDSHIPS be pleased to pending, admission, and hearing and till final

disposal of the present Criminal Appeal this Hon'ble Court be pleased to enlarge the appellants on Bail in the interest of justice. (D) YOUR LORDSHIPS be pleased to grant such other and further relief(s) as deemed fit in the interest of justice.

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AND FOR THIS ACT OF KINDNESS OF JUSTICE, THE APPELLANTS ARE DUTY BOUND SHALL FOR EVER PRAY.

Place: - Ahmadabad Date: - /6/2011

--------------------------(VIJAY H. NANGESH) (Advocate for the

Appellants)

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD DISTRICT: -BHARUCH CRIMINAL MIS. APPLICATION NO IN CRIMINAL APPEAL NO. OF 2011 OF 2011

5. RATAN LAXMANBHAI VASAVA, 6. PRAVIN MANSHUKBHAI VASAVA, 7. JAYANTIBHAI HIRIYABHAI VASAVA,

8. BHUDHIYA HIRIYABHAI VASAVA, All are Residing at Village-Bhimpor, Tal-Jhagadia, Dist-Bharuch. ...APPLICANTS (ORIGINAL ACCUSED) VERSUS THE STATE OF GUJARAT (Notice to be served through the Public Prosecutor Gujarat High Court, Sola, Ahmadabad) RESPONDENT

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Reg. :-

Criminal Misc. Application Under Section 389 of Code of Criminal Procedure, 1973 for bail pending Appeal Against the Judgment and Order passed by the Ld. Additional Sessions Judge, Bharuch in Session Case No-47/2009 Dated. 09-06-2011.

TO, HON'BLE CHIEF JUSTICE AND OTHER HON'BLE CHIEF JUDGES OF THE GUJARAT HIGH COURT SOLA AT AHMEDABAD THE HUMBLE APPLICATION OF THE APPLICANTS ABOVE NAMED. MOST RESPECTFULLY SHEWETH THAT:(1) The Appellants have been charged sheeted for the offence punishable under Section 143,147,148,149, 307,323,325,336 of The Indian Penal Code. The appellants have been tried for the said offence and at the conclusion of the trial the Learned Additional session Judge, at Bharuch convicted the appellants in Session Case No-47 of 2009. The appellants have been directed to undergone in Section 325,149 for three years rigorous

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imprisonment and has to pay the fine of Rs.500/- and in default of which they have been directed to undergone three month further simple imprisonment and for the offence punishable under section

147,148,149 of Indian Penal Code six month R.I and fine of Rs.500/- and in default of which one month simple imprisonment. (2) Being aggrieved and dissatisfied aforesaid

Judgment and order passed by the Learned Additional Session Judge, at Bharuch Dated-09-06-2011 in

Session Case No-47 of 2009 the applicant preferred this Present Criminal Appeal before this Honble court. The ground taken in memo of appeal may kindly be treated as part and parcel of this

application. (3) The applicants are shouldering the responsibility of their family and there are only bread earners of their family. It is humbly submitted that have strong Prima facie case in His favour. And pending Case before Ld. Trail court applicants are on bail and not misused their liberty if bail is granted then they have not missed their liberty

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(4) The applicants respectfully say and submits that the applicants are all chance of succeeding in appeal. It is humbly submitter that looking to pendency of appeal and backlog of cases, this appeal is not likely to be taken up for hearing in near future and hence just because of this reason, the applicant who have strong prima facie case on merits, have not suffer behind the bars and hence the applicant may kindly enlarge on bail during pendency of criminal appeal in the interest of justice. (5) the applicants further submits that the one sentence is awarded and applicants are laborers if the Bail is not granted then they are in behind the bar and lose their livelihood if bail is not granted the

purpose of filling appeal will become in fructuous, under the circumstance also applicant humbly urge this Honble court to grant bail applications pending hearing and till final disposal of appeal on appropriate terms and condition in the interest of justice. (6) The applicants respectfully says and submits that the applicants are only earning member of the family so on that ground be pleased to considered in the interest of justice and enlarge the applicant on bail.

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(7) The applicants respectfully says and submits that the hearing of criminal appeal would take long time and no propose would be served by keeping the applicants in jail with harden criminals. (8) The applicants respectfully says and submits that the judgment and order of conviction as recorded by the Ld. Trail Judge is contrary to the provision of laws, facts, evidence and circumstances of the case as well as established principals of law. (9) The Applicants have not filed any other Appeal, Application or petition on this subject matter either in this Hon'ble Court or in any other court in India including the Hon'ble Supreme Court of India. (10) The Applicants craves leave to add, alter, delete, substitute, amend and /or rescind any of the grounds mentioned hereinabove. (11) The applicants, therefore, prays that this Hon'ble Court May be pleased (A) YOUR LORDSHIPS be pleased to allow this Application in the interest of Justice. (B) YOUR LORDSHIPS be pleased to allow this application by granting to the applicant

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bail pending criminal appeal against the impugn order passed by the at Learned Bharuch

Additional

Session

Judge,

Dated-09-06-2011 in Session Case No-47 of 2009 on appropriate terms and condition

in the interest of Justice. (C) YOUR LORDSHIPS be pleased to pending, admission, and hearing and till final

disposal of the present Criminal Appeal this Hon'ble Court be pleased to enlarge the applicants on Bail in the interest of justice. (D) YOUR LORDSHIPS be pleased to grant such other and further relief(s) as deemed fit in the interest of justice. AND FOR THIS ACT OF KINDNESS OF JUSTICE, THE APPLICANTS ARE DUTY BOUND SHALL FOR EVER PRAY.

Place: - Ahmadabad Date: -/6/2011

--------------------------(VIJAY H. NANGESH) (Advocate for the

Appellants) AFFIDAVIT

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I, , the applicant no-.., hereinabove, do hereby

solemnly affirms and declares on oath that Whatever stated in my application is true and correct and I believe it to be true. That Para-11 is the prayer clause. Solemnly affirmed on this..day of June, 2011 at Ahmedabad. ---------------------------Identified by me DEPONENT

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