Shivkumar Bhagvan Manurkar v. The State Of Maharashtra And ORS

930 appln.792.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 792 OF 2015 SHIVKUMAR BHAGVAN MANURKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Nikhil S. Jaju.

APP for Respondent No.1 : Mr. A. S. Shinde.

Advocate for Respondent No.2 : Mr. R. S. Deshmukh. ...

CORAM :

A. B. CHAUDHARI & INDIRA K. JAIN, JJ.

DATE :

02nd September, 2015.

Per Court:

Heard the learned counsel for the rival parties. Perused the FIR.

Upon perusal of the FIR, we are not in a position to draw finding in favour of Applicant or non-Applicant as it requires assessment of evidence on appreciation, which is not possible for us. That being so, we pass the following order:

ORDER

I.

Criminal Application No.792 of 2015, is disposed of with liberty to file application for discharge in case charge-sheet is filed by the Prosecuting

930 appln.792.15.odt Agency.

II.

Let the charge-sheet be filed if so decided by the prosecuting agency within eight weeks.

III.

Liberty to file application for discharge.

IV.

Interim order to continue for four weeks.

[ INDIRA K. JAIN, J. ] [ A. B. CHAUDHARI, J. ] ndm