The State Of Maharashtra v. Vishnu Shivdas Shinde And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5277 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

VISHNU SHIVDAS SHINDE AND ANR.

-- Mr.S.B.Joshi, APP for Applicant Mr.V.B.Deshmukh, Advocate for respondent nos.1 and 2 -- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : OCTOBER 26, 2016 PER COURT :

Heard the learned A.P.P. for the applicant.

Perused the findings recorded by the trial Court in the light of the evidence on record.

2.

It appears that the evidence of the prosecution witnesses and in particular, that of Vinod (PW 2), has not been considered properly by the trial Court. Hence, a case is established for allowing this application for grant of leave to file appeal.

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Hence, the application is allowed. Leave to file appeal is granted.

4.

The appeal is admitted. Mr.Deshmukh, the learned Counsel for the respondents waives notice upon admission.

5.

Action under Section 390 of the Code of Criminal Procedure to follow against the respondents.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp