The State Of Maharashtra v. Zulfikar @ Zulfir Mohd. Yasin Behlim And ANR

Nalawade 902-apeal-1162-13 and ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1162 OF 2013 Mohasin Mohd. Yasin Behlim ...Appellant.

vs.

The State of Maharashtra

...Respondent.

WITH CRIMINAL APPEAL NO.1172 OF 2013 Smt. Hikmatunnisa Siraj Khan ...Appellant.

vs.

Zulfikar @ Zulfi Yasin Behlim and ors.

...Respondents.

WITH CRIMINAL APPEAL NO.56 OF 2014 The State of Maharashtra ...Appellant vs.

Zulfikar @ Zulfi Yasin Behlim and anr.

...Respondents.

WITH CRIMINAL APPEAL NO.399 OF 2018 Zulfikar @ Zulfi Yasin Behlim and anr.

...Appellants vs.

The State of Maharashtra

...Respondent

Ms. Payoshi Roy i/by Dr. Yug M. Chaudhary for Appellant in Appeal No.1162/2013.

Mr. Sandeep K.Singh for appellant in Appeal No.399/2018 and for Respondent Nos. 1 and 2 in Appeal No.56/2014. Mr. Ramesh S. Bhandary i/by Prakash Shetty for Appellant in Appeal No.1172/2013 - Page-1/2

Nalawade 902-apeal-1162-13 and ors.doc Mr. H. J. Dedhia, APP. for State.

CORAM : B.P.DHARMADHIKARI & SMT. SWAPNA S. JOSHI, JJ.

DATE : 12th June, 2019 PC:

OPERATIVE ORDER For reasons separately recorded, we pass the following order. a) Criminal Appeal Nos. 1162/2013 and 399/2018 are allowed. b) Conviction of these appellants by Judgment and Order dated 30.8.2013 delivered by Additional Sessions Judge, Greater Mumbai in Sessions Case No.354 of 2009 is hereby quashed and set aside. c) Appellants in Criminal Appeal No.399/2018 namely Zulfikar @ Zulfi Yasin Behlim and anr. have already under gone their punishment. However their conviction and sentence is also set aside. d) Appellant Mohasin (accused No.1) be set forth at liberty forthwith if his custody is not required by prosecution in any other matter. e) Appeal Nos. 1172/2013 and 56/2014 are dismissed. f) Muddemal property be dealt with as directed by trial court after appeal period is over.

(SMT. SWAPNA S. JOSHI, J.) ( B.P.DHARMADHIKARI, J.) - Page-2/2