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Bombay High CourtAPEAL/115/2022disposed off

Sundarrao Pandurang Andhale And Another v. The State Of Maharashtra And Another

2022-04-29Hon'Ble Shri Justice R. G. Avachat2 pages

929-Cri-Apeal-115-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 115 OF 2022 Sundarrao Pandurang Andhale and another ... Appellants

Versus

The State of Maharashtra and another ... Respondents ....

Mr. Amar V. Lavte, Advocate for appellants Mr. G. O. Wattamwar, APP for respondent No.1 Ms Harsha R. Lomte, Advocate for respondent No.2 (Appointed) ....

CORAM : R. G. AVACHAT, J.

DATED : 29th APRIL, 2022 PER COURT :- .

Heard. Perused the First Information Report (FIR) and the related papers.

2.

Although, there is some delay in registration of the crime, it appears that the husband of the informant had been kidnapped by the appellants herein and confined at some place only with a view to recover the amount paid to him as advance towards sugarcane harvesting charges. Statement of other witnesses recorded reinforced the allegations in the FIR. The statement of the victim though recorded two months after registration of the FIR, it appears

(( 2 )) 929-Cri-Apeal-115-2022 that he had taken shelter at some place and only on arrival of his father, he came back to village. Since involvement of the applicants in the crime in question has been made out, this Court is not inclined to allow the present appeal.

3.

The appeal fails. The same is rejected.

4.

The fees of Ms Harsha R. Lomte, learned Advocate appointed for respondent No.2 is quantified at Rs.6,000/-. [ R. G. AVACHAT, J. ] SMS