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Bombay High CourtAPPLN/5500/2015leave to appeal grantedrefused

The State Of Maharashtra v. Atul @ Shakti Sudhakar Narkhede And ANR

2016-12-08Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice K. K. Sonawane2 pages

5500.15appln 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. 5500 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

ATUL @ SHAKTI SUDHAKAR NARKHEDE AND ANR ...

APP for applicant : Mr.P.G. Borade ...

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

Dated: December 08, 2016 ...

Heard the learned A.P.P. appearing for the applicant/State. Perused the notes of evidence and the findings recorded by the trial Court. In our prima facie opinion, the evidence of injured namely PW-4 Ramesh Adhar Sonawane (Exhibit-28), PW-5 Adhar Ramdas Sonawane (Exh.30) and also the medical evidence have not been properly considered by the trial Court. The case is established for allowing this application seeking leave to file appeal.

Accordingly the application is allowed and the same

5500.15appln stands disposed of.

2.

Appeal is admitted.

3.

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

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