The State Of Maharashtra v. Shyam Vitthal Lohabande And ORS

cra5493.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5493 OF 2015 The State of Maharashtra ...APPLICANT

VERSUS

Shyam Vitthal Lohabande and others.

...RESPONDENTS ...

Mr. P.G. Borade Advocate for Applicant.

...

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

DATE : 24TH NOVEMBER, 2016 ORDER :

1.

Heard the learned A.P.P. appearing for the State. Perused the notes of evidence and also the findings recorded by the trial Court. There is no manner of doubt that incident has taken place. The police officers are injured. It appears that the trial Court has not properly appreciated the

cra5493.15 evidence brought on record by the prosecution, in particular the evidence of injured witnesses. In that view of the matter, we are of the opinion that case needs to be examined. The evidence deserves to be re-appreciated.

2.

For the reasons afore stated, the Application seeking leave to file Appeal is allowed and the same stands disposed of accordingly.

3.

Appeal is Admitted.

4.

Action under Section 390 of Cr.P.C. to follow against the Respondents, before the Additional Sessions Court, Kandhar, Link Court, Mukhed, Dist-Nanded.

[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/NOV16