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Bombay High CourtAPPLN/1898/2015leave to appeal grantedrefused

The State Of Maharashtra v. Siddharth S/O Kondiba Sonkamble And ORS

2016-06-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1898 OF 2015 The State of Maharashtra ...Applicant versus siddhartha s/o Kondiba Sonkamble and ors.

...Respondents

.....

Mr. S. J. Salgare, A.P.P. for applicant Mr. G. P. Shinde, Advocate for respondent No. 1 and 3 to 5 Mr. Joydeep Chatterji, Advocate for respondent No.2 .....

CORAM : N.W. SAMBRE, J.

DATE : 21st JUNE, 2016 ORAL ORDER :

Heard Mr. Salgare, Additional Public Prosecutor at length.

2.

In spite of evidence of the Investigating Officer, it is noted that learned Adhoc Sessions Judge, Nanded has discarded the evidence in relation to panchnama Exhibits-75, 76 and 77 on the ground that the same were not proved. Furthermore, Exhibit-48 suicide note was very much proved, as is apparent from the evidence of PW-8 Panchwadkar, handwriting expert.

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In view thereof, in my opinion, case for grant of leave to appeal, is made out.

4.

Admit.

5.

Learned Counsel waives service of notice for respective respondents.

6.

Action under Section 390 of the Code of Criminal Procedure to follow.

[ N.W. SAMBRE, J. ] Tupe/