Asaytambi @Langda Satta Nadar And ANR v. The State Of Maharashtra

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 506 OF 2011 (Modified as per speaking to the minutes of the order dated 16/08/2018) Sudhakar Rajgopal Harijan .... Appellant (Original Accused No.4) V/s The State of Maharashtra (at the instance of Shahu Nagar Police Station vide C.R. No.137 of 2007) ....Respondent.

ALONGWITH CRIMINAL APPEAL NO.512 OF 2011 Murgan @ Motha Murgan Abhimanyu Harijan ..... Appellant V/s The State of Maharashtra (at the instance of Senior Inspector of Police, Shahu Nagar Police Station vide C.R. No.137 of 2007) ..... Respondents.

ALONGWITH CRIMINAL APPEAL NO.514 OF 2011 1] Asaytambi @ Langda Satta Nadar 2] Pakiraj Natrajan Nadar ....Appellants (Original Accused Nos. 3 and 8) V/s Digitally signed by Bharat Dasharath Pandit Date:

2018.08.24 11:42:00 +0530 Bharat Dasharath Pandit The State of Maharashtra (at the instance of Shahu Nagar 1/4

Police Station vide C.R. No.137 of 2007) ..... Respondent. ALONGWITH CRIMINAL APPEAL NO.889 OF 2012 1] Jaiganesh Silvraj Devendra 2] Kadirawan Silvaraj Devendra 3] Tangrajan Silvaraj Devendra ..... Appellants (Original Accused Nos.2, 7 and 9) V/s The State of Maharashtra (At the instance of Senior Inspector of Police, Shahu Nagar Police Station vide C.R. No.137 of 2007) ..... Respondent.

ALONGWITH CRIMINAL APPLICATION NO.480 OF 2014 IN CRIMINAL APPEAL NO.512 OF 2011 Murgan @ Motha Murgan Abhimanyu Harijan ..... Applicant.

V/s The State of Maharashtra ..... Respondent.

ALONGWITH CRIMINAL APPLICATION NO.792 OF 2016 IN CRIMINAL APPEAL NO.889 OF 2012 1] Jaiganesh Silvraj Devendra & Ors.

....Applicants.

(Original Accused Nos.

2, 7 and 9) V/s The State of Maharashtra ....Respondent.

2/4

--- Mr. Khan Abdul Wahab, Advocate for the Appellant in Appeal No.506 of 2011 (Original Accused No.4) Mr. Sudeep Pasbola with Mr. Bhavesh Thakur and Mr. Karl Rustomkhan i/by Mr. Rahul Arote, Advocates for the Appellant in Appeal No.512 of 2011 Mr. Yug Mohit Chaudhry with Ms. Payoshi Roy, Advocates for the Appellant in Appeal No.514 of 2011 (Original accused Nos. 3 and 8) Mr. Nitin Sejpal with Ms. Akshata B. Desai, Advocates for the Appellants in Appeal No.889 of 2012 (Original Accused Nos. 2, 7 and 9) Mrs. M.M. Deshmukh, APP for the Respondent/State in all the appeals. ---- CORAM: B. R. GAVAI & SARANG V. KOTWAL, JJ.

DATE: 2nd July, 2018 P.C.:- For the reasons separately recorded, the following order is passed:-

ORDER

(i) All the above Criminal Appeals are allowed.

(ii) Judgment and Order of conviction and sentence is quashed and set aside.

(iii) Appellants/Accused are acquitted 3/4

of the charges charged with.

(iv) Appellants/ Accused are directed to be set at liberty forthwith, if not required in any other case.

(v) Since all the above Criminal Appeals are allowed and disposed of, Criminal Application No.480 of 2014 taken out in Criminal Appeal No.512 of 2011 and Criminal Application No.792 of 2016 taken out in Criminal Appeal No. 889 of 2012, do not survive and they are also disposed of.

(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.) 4/4