The State Of Maharashtra v. Babusing Ramsing Jonwal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4278 OF 2013 State of Maharashtra, Through City Chowk Police Thane Aurangabad through Subhash Kanhaiyalal Shrivastav, Age-40 years, Occu:Service, R/o-Phulenagar, Aurangabad.

...APPLICANT (Orig. Complainant)

VERSUS

Babusing Ramsing Jonwal, Age-61 years, Occu:Retired, R/o-N-9-H 128/1, Shrikrishnagar, Hudco, Aurangabad.

...RESPONDENT (Orig. Accused) ...

Mr. K.S. Patil, A.P.P. for Applicant.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 13TH MARCH, 2015 ORAL ORDER :

1.

Heard learned A.P.P. for State. Perused

record.

2.

The learned A.P.P. submits that the vehicle of Respondent -original Accused was caught on the spot itself when the incident took place. The Respondent-Accused had run away from the spot. The complainant identified him in the Court. According to the learned A.P.P., the evidence has not been properly appreciated. Respondent-Accused did not explain how his vehicle was seized on spot.

3.

Going through the Judgment and reasons, there appears to be an arguable case which requires this Court to reconsider and reappreciate the evidence. As such leave is granted. The Application is allowed. Application be converted into Appeal.

4.

Appeal is Admitted.

5.

Action under Section 390 of Cr.P.C. be taken against Respondent-accused in the trial Court and brief report be called.

6.

Paper Book be got prepared.

[A.I.S. CHEEMA, J.] asb/MAR15