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Bombay High CourtAPPLN/4283/2015leave to appeal grantedrefused

Pradip Jayprakash Patil v. Vikas Sahebrao Patil And ORS

2015-12-09Hon'Ble Shri Justice M.T. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4283 OF 2015 Pradip Jayprakash Patil ..APPLICANT

VERSUS

Vikas Sahebrao Patil and Others ..RESPONDENTS ....

Mr. N.N. Desale, Advocate holding for Mr. M.C. Jain, Advocate for applicant.

Mr. B.S. Deokar, Advocate for Respondent No.2. Mr. N.T. Bhagat, A.P.P. for Respondent No.4-State. ....

CORAM : M.T. JOSHI, J.

DATED : 9th DECEMBER, 2015 ORAL ORDER :

Heard both sides. Upon hearing, it becomes clear that as per the applicant/complainant, though his name was entered in the public record regarding rent and though father of the present respondent had consented for sale of land by their uncle, upon death of the father, these Respondent Nos.1 to 3 in Land Acquisition Proceedings had obtained the compensation. 1 / 3

2.

Without making any comment on the merit of the case, since arguable case is made out as recorded by learned J.M.F.C., leave to file appeal is hereby granted.

3.

Appeal be registered as per due procedure of law. Upon registration, Appeal stands admitted.

4.

Mr. B.S. Deokar, learned Counsel for Respondent No.2 and learned A.P.P. for Respondent No.4-State waives upon admission of the appeal. Action as per provisions of Section 390 of Code of Criminal Procedure to follow.

5.

Respondent Nos.1 to 3 be released on bail, upon their execution of P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each and also upon furnishing surety each in the like amount.

6.

Hamdast of the present order is granted.

2 / 3

7.

Liberty to move for early hearing of the appeal is hereby granted as and when the appeal is admitted.

( M.T. JOSHI, J. ) 3 / 3