The State Of Maharashtra v. Dnyaneshwar Nivrutti Avhad And ORS.

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5.ALS-34-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.34 OF 2018 (for leave to file an appeal) The State of Maharashtra ..... Applicant

Versus

Dnyaneshwar Nivrutti Avhad and two others.

.... Respondents ----- Ms. S.V. Sonawane, APP for the Applicant/Appellant-State. ----- CORAM :SARANG V. KOTWAL, J.

DATE : 6th SEPTEMBER, 2021 P.C. :

1.

Heard learned A.P.P. for the applicant-State. 2.

Perused the impugned judgment and order and in particular the reasoning given in paragraphs No.16 to 18. I have also perused the deposition of PW-1. The finding regarding identification of accused and recovery of articles by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2021.09.06 16:11:11 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE needs to be examined. The matter requires consideration. Hence, the following order :

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5.ALS-34-18.odt :: O R D E R ::

i.

Leave to appeal is granted. Appeal be registered and numbered.

ii.

Appeal is admitted.

iii.

Call for R & P.

iv.

Action under Section 390 of Cr.P.C. be taken. (SARANG V. KOTWAL, J.) Deshmane (PS)