The State Of Maharashtra v. Gopal S/O Laxman Gitte

5260.14crapln 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.5260 OF 2014 THE STATE OF MAHARASHTRA

VERSUS

GOPAL S/O LAXMAN GITTE ...

App for Applicant/State : Mrs.S.G. Chincholkar. Advocate for Respondent : Mr.Giri Umakant P.

...

CORAM : S.S. SHINDE & A.M. BADAR, JJ.

Dated: FEBRUARY 02, 2015 ...

Heard. Perused the record made available from the trial Court. Prima facie, it appears that the trial Court was influenced by the 36 hours delay in filing the FIR and has not properly considered the other evidence on record. In that view of the matter, case is established for allowing this application seeking leave to appeal.

Accordingly, application is allowed in terms of prayer clauses (B),(C), (D) and (F) and stands disposed of.

Appeal admitted.

5260.14crapln On admission, Mr.Giri, learned Counsel waives service for respondent.

Action under Section 390 Cr.P.C. to follow before the Addl. Sessions Court, Ambejogai.

(A.M. BADAR, J) (S.S. SHINDE, J) kadam/