Bombay High CourtWP/1712/2013others disposed off

Atul Mahadeo Deshmukh And ANR v. The State Of Maharashtra

2015-01-13Hon'Ble Shri Justice M.L. Tahaliyani2 pages

9)WP1712.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 1712 OF 2013 Atul Mahadeo Deshmukh & Anr.

Petitioners

Versus

The State of Maharashtra ..

Respondents Mr. Vilas P. Tapkir, Advocate for the petitioners Smt. V. S. Mhaispurkar, APP for the respondent-State. CORAM:-M.L. TAHALIYANI, J.

DATED : -13/01/2015 P.C.

Heard learned advocate for the petitioner and learned APP for the respondent - State.

The petitioners are facing trial for the offences punishable u/ss. 143, 147,148 and 302 r/w 149 of IPC. In all there are twelve accused. The application filed by the petitioners for discharge has been rejected by the trial Judge/Addl. Sessions Judge, Pune.

I have gone through the FIR. Names of the petitioners appear in the FIR. Prima facie, it appears that the 1/2

9)WP1712.13 petitioners were members of unlawful assembly. The trial court will examine whether the assault committed by the assailants was in prosecution of common object of unlawful assembly. At this stage, nothing can be done. Writ petition stands dismissed.

(JUDGE) md.saleem 2/2