The State Of Maharashtra v. Ramdas Anaji Mahadik @ Vinherkar And ORS

23-als-48.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ALS) NO. 48 OF 2015 The State of Maharashtra ...

Applicant

Versus

Ramdas Anaji Mahadik @ Vinherkar and Ors.... Respondents WITH CRIMINAL APPEAL NO. 22 OF 2014 WITH CRIMINAL APPLICATION NO. 1352 OF 2018 IN CRIMINAL APPEAL NO. 22 OF 2014 Ramdas Anaji Mahadik ...

Appellant

Versus

The State of Maharashtra ... Respondents Mr.Y.P. Yagnik, APP for the State.

Mrs. Pooja Sejpal a/w Ms. Akshata Desai i/by Mr. Nitin Sejpal for the accused/respondent.

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

DATE :

JUNE 27, 2019 P.C.:

All these proceedings arise out of common judgment. 2.

In Criminal Application No 48 of 2015 State of Maharashtra assails acquittal of respondent therein for the offence under section 302, 364 and 120B IPC.

nilegaonkar 1/2

23-als-48.2015.odt 3.

Learned counsel for these respondents points out that the accused persons have already assailed their conviction in other two appeals. She also points out that original accused no. 5 was exonerated by the trial Court and that acquittal has not been questioned. She further states that the appellants have put in between 10 to 12 years already in Jail and hence, appeal should be placed on final hearing board. She submits that Criminal Application No. 1352 of 2018 in Criminal Appeal No.22 of 2014 is not being pressed for the said purpose and hence, the same is disposed of as not pressed for the present.

4.

Respondents have no objection if the appeal preferred by the State Government is also heard finally along with the appeals filed by them challenging the conviction.

5.

In view of this position, Criminal Application No. 48 of 2015 is allowed. Leave to appeal is granted. Appeal is admitted for final hearing. Learned counsel for the respondents waives notice for the respondents.

6.

All three appeals be placed for final hearing after four weeks.

(SMT.SWAPNA JOSHI, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2