ZAHIR SARBAR KHANversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
Leave to appeal was granted and the appeal was admitted despite the State’s lack of a proposal to appeal.
Summary
The trial court acquitted the accused in the case of Zahir Sarbar Khan v. State of Gujarat. The State indicated that it had no proposal to file an appeal against the acquittal. The applicant filed a criminal miscellaneous application seeking leave to appeal. The High Court examined whether the absence of a State proposal barred the grant of leave. It held that the applicant’s right to seek leave was not dependent on a State proposal and therefore granted leave to appeal. The appeal was subsequently admitted, the respondent State waived service of notice, and a bailable warrant was issued against the original accused for a fine of Rs.5,000.
Issues considered
- Whether the absence of a State proposal to appeal bars the grant of leave to appeal
- Whether the High Court can admit an appeal in a criminal case where the State has not filed an appeal
- Whether service of notice of admission can be waived by the prosecution
Subjects
Judgment
R/CR.MA/9020/2025 ORDER DATED: 20/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9020 of
2025
In R/CRIMINAL APPEAL/1685/2026
With
R/CRIMINAL APPEAL NO. 1685 of 2026
================================================================
ZAHIR SARBAR KHAN
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
KAUSHAL S JANI(7627) for the Applicant(s) No. 1
MR DHRUVE S SHARMA(11759) for the Applicant(s) No. 1
MR NAREN R PATEL(13851) for the Applicant(s) No. 1
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 20/07/2026
ORDER
ORDER IN CRIMINAL MISC. APPLICATION
Pursuant to the order passed by this Court on 22.06.2026 as to
whether there is any proposal by the State to file an appeal against
the impugned judgment and order of acquittal, learned APP has
submitted that there is no proposal.
Heard learned counsel of the applicant.
Leave to appeal is granted.
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R/CR.MA/9020/2025 ORDER DATED: 20/07/2026
ORDER IN CRIMINAL APPEAL
Appeal is ADMITTED.
Learned Additional Public Prosecutor waives service of notice of
admission for and on behalf of the respondent No.1 – State of Gujarat.
Bailable warrant be issued against the respondent No.2 –
original accused in the sum of Rs.5,000=00 (Rupees Five Thousand
Only).
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 20/07/2026 17:42:12
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