Pradeep @ Deepak @ Deepu Prabhakar Mathpati v. The State Of Maharashtra

1/2 3-criapl318-20+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 318 OF 2020 Jagdish @ Pintu Ratnakar Konherikar ... Appellant

Versus

The State of Maharashtra ... Respondent WITH CRIMINAL APPEAL NO. 325 OF 2020 Pradeep @ Deepak @ Deepu Prabhakar Mathpati ... Appellant

Versus

The State of Maharashtra ... Respondent WITH CRIMINAL APPEAL NO. 335 OF 2020 WITH INTERIM APPLICATION NO. 3450 OF 2021 IN CRIMINAL APPEAL NO. 335 OF 2020 Pramod @ Kingbhai Prakash Swami ... Appellant

Versus

The State of Maharashtra ... Respondent ...

Mr. Mahesh Jethmalani, Senior Advocate a/w Ms. Gunjan Kangla, a/w Priyal Sarda i/by Mr. Ritesh Thobde, for the Appellants. Mrs. P.P. Shinde, APP for the Respondent-State. ...

CORAM

:

REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : AUGUST 23, 2022 sanjay_mandawgad

2/2 3-criapl318-20+ P.C. :

1.

For the reasons to be recorded separately, we pass the following order.

OPERATIVE ORDER (i) The Criminal Appeals are allowed.

(ii) The impugned judgment and order dated 31.01.2020 passed by the learned Additional Sessions Court, Solapur in Sessions Case No. 63 of 2015, is hereby quashed and set aside and the Appellants are acquitted of the offences under Sections 302, 120-B read with section 34 of the Indian Penal Code. The bail bonds of the appellants stand cancelled. (iii) The appellants be set at liberty forthwith, if not required in any other case. Fine amount, if paid, be refunded to the appellants.

(iv) Accordingly, the Appeals are disposed of;

(v) All concerned to act on the authenticated copy of this judgment.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

sanjay_mandawgad