The State Of Maharashtra v. Bibhishan Sambhaji Bondar And ANR

cra3843.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3843 OF 2015 State of Maharashtra ...APPLICANT

VERSUS

1) Bibhishan Sambhaji Bondar,

2) Sakhubai @ Swati Bibhishan Bondar ...RESPONDENTS ...

Mr.S.W. Munde, A.P.P. for Applicant.

...

CORAM: S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 19TH OCTOBER, 2016 ORDER :

.

Heard learned A.P.P. appearing for the State. Perused the notes of evidence and findings recorded by the trial Court. Prima facie it appears that findings recorded by the trial Court are not in consonance with the evidence brought on

cra3843.15 record by the prosecution. Prima facie it appears that the trial Court has not properly appreciated the evidence of Pushpa Giri (PW-7) and also the two dying declarations. In that view of the matter, the case is established for admission of the Appeal, allowing the Application seeking leave to appeal.

2.

The Criminal Application is allowed in terms of prayer clause (A), (B), (C), (D) and (F). Application stands disposed of accordingly.

3.

Appeal Admit.

4.

Action under Section 390 of Cr.P.C. to follow, against both the Respondents, before the Sessions Court, Osmanabad.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] asb/OCT16