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Bombay High CourtAPPLN/4534/2013disposed off

The State Of Maharashtra v. Raju Kisan Bhivsane And Another

2015-03-18Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Kum. Justice I.K. Jain2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 4534 OF 2013 THE STATE OF MAHARASHTRA

VERSUS

RAJU KISAN BHIVSANE AND ANOTHER ...

APP for Applicant : Mr. B. L. Dhus.

Advocate for Respondent Nos.1 and 2: Mr. P. M. Shinde. *** CORAM: T. V. NALAWADE & SMT. I. K. JAIN, JJ.

DATED: 18th MARCH, 2015.

PER COURT:

1.

The application is filed for grant of leave to file appeal against judgment and order of Sessions Case No.115 of 2010.

2.

Heard learned A.P.P. Opportunity was given to learned counsel for Respondents also. This Court has gone through the record of evidence which includes the evidence of eye witnesses, the evidence of hotel owner and the postmortem report. There is direct evidence against the Respondents. The trial Court has disbelieved the direct evidence.

-:(2):- 3.

There is arguable case in appeal. So, the application is allowed. Leave is granted.

4.

Appeal is admitted.

5.

Comply the provisions of Section 390 Cr.P.C.

[SMT. I. K. JAIN, J.] [T. V. NALAWADE, J.] Dt.18/03/2015 ans/4534