Vidyanand Srikant Pathak v. The State Of Maharashtra And ANR.

03-alp-129-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 129 OF 2020 Vidyanand Srikant Pathak ..Applicant.

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Dinesh Tiwari a/w. Mikhail Dey i/b. Dinesh Tiwari for Applicant.

Ms. M. M. Deshmukh, APP for Respondent/State. __________ CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ.

DATE : 03rd MARCH 2022.

PC :

1.

Learned APP waives service for Respondent No.1. 2.

Heard learned counsel for the Applicant. Perused Judgment and evidence of the Medical Officer i.e. PW-5. 3.

Learned counsel has submitted that there was an attempt to strangulate and in the absence of urgent medical treatment the injured would have succumbed to the injuries. The said submission is substantiated by the substantive evidence of PW-5. 4.

We find substance in the arguments of learned counsel for the applicant.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2022.03.03 16:09:39 +0530 VINOD BHASKAR GOKHALE Gokhale

03-alp-129-20 5.

Hence, leave is granted.

6.

The Application is allowed and disposed of accordingly. 7.

The Appeal is admitted.

8.

Issue notice to the Respondent No.2 for final hearing. 9.

Call for Record and Proceedings.

(SARANG V. KOTWAL, J.) (SMT. SADHANA S. JADHAV, J.)