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Bombay High CourtAPPLN/4594/2015leave to appeal grantedrefused

The State Of Maharashtra v. Balaji S/O Aaba Sakhare And ORS

2016-11-28Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice K. K. Sonawane2 pages

4594.15appln FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 4594 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

BALAJI S/O AABA SAKHARE AND ORS.

...

APP for applicant : Mr.B.V. Virdhe ...

CORAM: S.S.SHINDE & K.K.SONAWANE, JJ.

Dated: November 28, 2016 ...

Heard the learned A.P.P. appearing for the applicant/State. Perused the notes of evidence. Apart from the statement of the informant, the medical evidence lends support to the prosecution case, and in particular, the version of the informant. Prima facie, it appears that, the trial Court has not properly appreciated the evidence on record. In that view of the matter, the case is established for allowing the application seeking leave to appeal. Accordingly, the application is allowed and the same

4594.15appln stands disposed of.

2.

Appeal is admitted.

3.

Action under Section 390 of Code of Criminal Procedure to follow before the Sessions Court at Beed.

(K.K.SONAWANE, J) (S.S. SHINDE, J) sga/