The State Of Maharashtra v. Jalindar Gajanan Thorat And ORS

9 ALS 198 OF 2014.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.198 OF 2014 The State of Maharashtra ... Applicant.

V/s.

Jalindar Gajanan Thorat and ors .... Respondents Mrs. S. D. Shinde, APP for Applicant State.

Mr. Sandeep S. Salunke, for the Respondents CORAM : P.V.HARDAS & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 11TH FEBRUARY, 2015.

P.C. :

1.

This is an application filed by the State seeking leave to file appeal against the judgment of the Additional Sessions Judge, Baramati, District: Pune, dated 26th February, 2014, in Sessions Case No.150 of 2010, acquitting the respondent for the offences punishable under Sections 302,323, 324, 504, 506 read with 34 of the Indian Penal Code. 2.

We have heard learned APP with whose assistance we have perused the findings recorded by the trial Court. We have also perused the depositions of the witnesses which have been annexed to the application. By such perusal, in our opinion, this is a fit case for grant of Page No.1 of 2

9 ALS 198 OF 2014.doc leave. We accordingly grant leave as prayed for. 3.

Application is, thus, allowed.

4.

The appeal filed by the State stands admitted. 5.

Action under Section 390 of the Code of Criminal Procedure be taken against respondents by the trial Court by issuing bailable warrant of Rs.10,000/-each.

6.

Learned counsel for the respondents states that he has instructions to accept notice of admission of appeal on behalf of the respondents.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [P.V.HARDAS, J.] Page No.2 of 2