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Bombay High CourtAPEAL/37/2002appeal allowedreversed

Ramesh Dalpatsa Kalal And ORS v. The State Of Maharashtra

2017-04-28Hon'Ble Shri Justice V.L. Achliya2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL APPEAL NO.37 OF 2002.

01.

Ramesh Dalpatsa Kalal, age 32 years, occu. Agri., (Appeal abated against appellant No.01 vide order dated 14.10.2016).

02.

Mathurabai Dalpatsa Kalal, age 58 yrs. Occu. Household, 03.

Dalpatsa Anandsa Kalal, age 65 yrs. Occu. Agri., All r/o village Arthe (Kh.), Tq. Shirpur, Dist. Dhule.

.. APPELLANTS.

(Ori. Accused).

versus The State of Maharashtra.

.. RESPONDENT.

...

Shri C.R. Deshpande, Advocate for appellants. Shri K.S. Patil, Addl. P.P. For State.

...

CORAM : V.L. ACHLIYA, J.

28th APRIL, 2017.

PER COURT:

For the reasons recorded separately, the following order is passed:

i) Appeal is allowed in terms of prayer clause (B);

37.2002crapl ii) The judgment and order dated 5.1.2002 passed by the 1st Ad hoc Additional Sessions Judge, Shahada in Sessions Case No.238 of 1998 is set aside;

iii) The appellant Nos.2 and 3 are acquitted of the offence punishable under Section 3 of Dowry Prohibition Act. Fine amount if any deposited by them, be refunded.

iv) Bail bonds furnished by appellant Nos.2 and 3 stand discharged.

[ V.L. ACHLIYA, J ] Kadam.