Samad Badshaw Sayyed Pathan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 257 OF 1993 Shri Samson David Anthony ...

Appellant vs.

(Orig. Accused No.1) 1.

The State of Maharashtra 2.

Dr. Parful Popatlal Brahambhatt...

Respondents ALONG WITH CRIMINAL APPEAL NO. 259 OF 1993 Shums @ Parvez Mohd. Ali ...

Appellant vs.

(Orig. Accused No.3) State of Maharashtra ...

Respondents ALONG WITH CRIMINAL APPEAL NO. 372 OF 1993 Samad Sayyed Badshah Sayyed ...

Appellant vs.

(Orig. accused No.6) 1.

The State of Maharashtra 2.

Dr.Prafulkumar Brahambhatt Respondents Mr. Rajendra Sorankar for the appellant in Appeal No.257 of 1993. Mr. Bhavesh Thakur i/b. Mr. S.R.Pasbola for appellant in Appeal No.259 of 1993.

Mr. Manas N. Gawankar h/f Mr. N.N.Gawankar for appellant in Appeal No.372 of 1993 Ms. A.A.Mane, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 30th November, 2015.

Mhi 2 Cri-Appeal-257-259-372-93.sxw P.C.

For the reasons to be recorded separately, the following order is passed :-

O R D E R

(i) All the three Appeals are allowed.

(ii) The Judgment and order recorded by the Addl. Sessions Judge, Greater Bombay in Sessions Case No.180 of 1989 along with Sessions Case No.653 of 1992 dated 30.3.1993 is hereby quashed and set aside. (iii) The appellants are acquitted of the offence punishable under Section 395 of Indian Penal Code. The bail bonds of the accused stand cancelled. (iv) Fine amount, if paid, to be refunded to the accused-appellants. Appeals are allowed and disposed of.

(SMT.SADHANA S.JADHAV, J.)