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Bombay High CourtAPPA/1566/2015others disposed off

Venilal Indramalji Hirani v. The State Of Maharashtra

2018-01-19Hon'Ble Shri Justice A.M. Badar2 pages

19-APPA-1566-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1566 OF 2015 IN CRIMNAL APPEAL NO.621 OF 2015 VENILAL INDRAMALJI HIRANI )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Varun Thokal i/b. Mr.Mihir Gheewala and Mr.Santosh Pawar, Advocate for the Applicant.

Mr.Prashant Jadhav, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

19th JANUARY 2018 P.C. :

This is an application for return of the fire arm and license to the applicant/appellant.

The applicant/accused was prosecuted for use of that fire arm and ultimately by the impugned judgment and order, he was convicted of the offence punishable under Section 308 of the avk 1/2

19-APPA-1566-2015.doc Indian Penal Code and is sentenced to suffer rigorous imprisonment for 2 years apart from directing him to pay fine. The fire arm along with other articles is directed to be sent to the District Collector or Police Authority for the purpose of disposal. It is not directed to be returned to the applicant/accused. Hence, at this stage, the said fire arm along with license cannot be returned to the applicant/accused.

The application is rejected.

(A. M. BADAR, J.) avk 2/2