The State Of Maharashtra v. Bapusaheb Shamrao Yadav And ANR

20-ALS-39-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.39 OF 2016 THE STATE OF MAHARASHTRA )...APPLICANT V/s.

BAPUSAHEB SHAMRAO YADAV & ANR.

)...RESPONDENTS Mr.S.V.Gavand, APP for the Applicant - State.

CORAM

:

A. M. BADAR, J.

DATE :

4th JANUARY 2017.

P.C. :

Heard the learned APP. Perused the impugned judgment as well as deposition of the witnesses including that of informant PW1 Vikas Sabale. Prima facie, it appears that evidence of prosecution is not considered in proper perspective while acquitting the respondents of the offences alleged against them. Hence the following order :

i) The application is allowed.

ii) Leave as prayed is granted.

iii)Appeal is admitted.

avk 1/2

20-ALS-39-2016.doc iv)Call for Record and Proceedings.

v) Issue notice to respondents.

In the meanwhile, action under Section 390 of the Code of Criminal Procedure before the trial court. (A. M. BADAR, J.) avk 2/2