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Bombay High CourtAPPLN/4298/2013disposed off

The State Of Maharashtra v. Bhanudas Rupchand Pawar

2015-08-24Hon'Ble Shri Justice M.T. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4298 OF 2013 The State of Maharashtra, through Police Station Officer, Police Station, Shivaji Nagar, Beed, Tq. and Dist. Beed ..Applicant

Versus

Bhanudas Rupchand Pawar, Age 51 years, occ. Service, R/o. Pachegaon, Tq.Gevrai, Dist.Beed ..Respondent -- Mrs.M.S.Patni, APP for applicant - State Mr.G.D.Kale, advocate i/b. Mr.M.V.Nagargoje, advocate for respondent - sole -- CORAM : M.T. JOSHI, J.

DATE : AUGUST 24, 2015 PER COURT :

Heard both sides.

2] Learned APP for applicant - State pointed out that learned Special Judge has wrongly described the injury certificate of the complainant as that

2 20-crappln4298-13.odt of the accused, as is found in paragraph 21 of the impugned judgment and miscarried said impression throughout the reasons forwarded by him.

3] Upon hearing both sides, in my view, an arguable case is made out.

4] Hence, leave to file the appeal is hereby granted.

Present

application is allowed accordingly.

5] The appeal be registered as per the due procedure of law.

6] The appeal is admitted. Mr.Kale holding for Mr.Nagargoje, learned counsel, waives notice for the respondent/sole upon admission of the appeal. 7] Action under Section 390 of the Code of Criminal Procedure be taken. Learned Special

3 20-crappln4298-13.odt Judge to release the respondent on bail upon his executing P.R. Bond in the sum of Rs.10,000/- (Rs.Ten Thousand) and also upon furnishing surety in the like amount for seeking his attendance in this Court.

[M.T. JOSHI, J.] kbp