The State Of Maharashtra v. Popat Prabhu @ Pralhad Dhumal And Others

1315.17appln FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 1315 OF 2017 THE STATE OF MAHARASHTRA

VERSUS

POPAT PRABHU ALIAS PRALHAD DHUMAL AND OTHERS.

...

APP for applicant: Mr. S.G. Karlekar Advocate for Respondent nos. 1 to 6 :

Mr.Joydeep Chatterji ...

CORAM: S.S.SHINDE & K.K. SONAWANE, JJ.

Dated: April 20, 2017 ...

Heard the learned A.P.P. appearing for the applicant/State and the learned counsel appearing for the respondents.

2.

We have carefully perused the notes of evidence, and in particular, the evidence of PW­6 and PW­7 and also the medical evidence. In our prima facie opinion, the findings recorded by the trial Court does not appear to be fully in consonance with the evidence brought

1315.17appln on record. In that view of the matter, this is a case where the application seeking leave to appeal deserves to be allowed. Accordingly, the application is allowed and the same stands disposed of.

3.

Appeal is admitted. On admission, Mr.

Joydeep Chatterji, learned counsel waives service for respondents.

4.

To be heard along with Criminal Appeal No.740 of 2016 filed by the accused.

(K.K. SONAWANE, J) (S.S. SHINDE, J) sga/