Maruti Parshuram Shedge v. Hanmant Vishnu Shedge And ORS

3.APPLN.1201-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [APPLN] NO.1201 OF 2012 Maruti Parshuram Shedge ..Applicant

Versus

Hamant Vishnu Shedge and others.

..Respondents ....

Mr. M.N. Dhamal, for the Applicant.

Mrs. P.P. Bhosale, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 7th AUGUST, 2015 P.C.

1.

Heard learned Counsel for the applicant / appellant. 2.

Reportedly all the respondent Nos.1 to 8 who are acquitted accused, are served. Learned APP for respondent No.9 State waives service. In this appeal challenge is to the acquittal of the respondents in the matter of offences punishable under Sections 324, 144, 145, 147, 149, 150, 447, 441, 504 and 506(II) read with Section 34 of IPC.

3.

Heard learned Counsel for the applicant / original complainant. It is apparent that the complainant has examined 1 / 2

3.APPLN.1201-12.doc three witnesses PW-2, PW-3 and PW-7 and according to them there was house trespass committed in the house of the complainant by the accused persons and there was assault and threats of dire consequences. Medical evidence is also produced before the Court by examining Doctor.

4.

Considering this, in the opinion of this Court, there is a debatable issue and which is required to be dealt in detail in the appeal and hence the present application for leave to file appeal is allowed. Separate appeal memo is directed to be filed by the present applicant / appellant. Appeal is also admitted. 5.

Process under Section 390 of Cr.P.C. be issued against respondent Nos.1 to 8 with directions to the trial Court to release them on bail in the sum of Rs.1000/- each. Call for R & P.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 2