Deepak Ashok Salve v. State Of Maharashtra

17-IA-3326-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3326 OF 2022 IN APPEAL NO. 72 OF 2023 Deepak Ashok Salve .Applicant/ (Org. Accused No.4) Vs.

State of Maharashtra .Respondent ----------- Mr. C. J. Joveson a/w. Mr. Arvind Nair i/b. Ms. Akshada Pasi for the Applicant/Appellant.

Mr. Y. M. Nakhwa, APP for the State.

-----------

CORAM

:

SUNIL B. SHUKRE AND KAMAL KHATA, JJ.

DATE :

23 MARCH, 2023 P. C.

.

Heard.

2.

From the evidence of the maid servant i.e. Mrs. Reshma Jadhav, who has seen the incident of kidnapping, it is seen that the maid servant has given her own explanation for her ability to identify this Appellant. She states that even though this Appellant was one of the accused persons who had worn the monkey cap, the monkey cap had not covered the entire face of Ganesh Lokhande

17-IA-3326-2022.odt the Appellant-Accused and that his face was still visible with that monkey cap on his head. She has also stated that this Appellant was the accused, who had tied her hands and legs. 3.

So far, there are no circumstances noticed by us to entertain any prima-facie doubt about the credibility of the above-referred witness and her said version. One of the offences, which is of kidnapping for ransom punishable under Section 364A of the Indian Penal Code, 1860 found to be proved against the Appellant is a serious offence.

4.

For the reasons stated above, we are not inclined to allow this Application. Application stands rejected. ( KAMAL KHATA J. ) ( SUNIL B. SHUKRE, J. ) Ganesh Lokhande