R/CR.

MA/2138/2023 ORDER DATED: 06/02/2023

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 2138 of 2023

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KARAN HARISHBHAI AMIN
Versus
STATE OF GUJARAT
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Appearance:
MR NAYAN L GUPTA(11798) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Ms. Asmita Patel, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 06/02/2023
ORAL ORDER

Mr. Nayan Gupta, learned advocate for the applicant has

placed on record the statement of the accused under Section 164
of the Code of Criminal Procedure recorded before the learned
Judicial Magistrate, First Class. The same is permitted to be
taken on record. He has invited attention of this Court to the
confessional statement of the present respondent no.2 and has
submitted that the present respondent has actively participated
in commission of offence of murder. He further invited attention
of this Court to the reasons assigned by the learned Sessions
while enlarging present respondent no.2 on regular bail and has
submitted that the present respondent was in fact part of
conspiracy hatched by the other co-accused to kill the deceased.
Considering the manner in which the incident has taken place,
he submitted that the learned Sessions Judge ought not to have
exercised the discretion in favour of respondent no.2. Having
made aforesaid submissions, Mr. Gupta, learned advocate for

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 R/CR.MA/2138/2023 ORDER DATED: 06/02/2023

the applicant under the instructions of applicant seeks

permission of this Court to withdraw the present application
with a liberty to file application as and when cause arise.
Permission as prayed for is granted. Application stands disposed
of as withdrawn with above liberty.

(NISHA M. THAKORE,J)
KAUSHIK J. RATHOD

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