Vikramjeetsingh @ Vicky Baljitsingh Likhari v. The State Of Maharashtra

Cri. Appln. No.3589/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3589 OF 2022 IN CRIMINAL APPEAL NO.831 OF 2022 Vikramjeetsingh @ Vicky Baljitsingh Likhari ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. S.J. Salunke, Advocate for applicant Mr. R.V. Dasalkar, A.P.P. for respondent - State .......

CORAM :

R. G. AVACHAT, AND R. M. JOSHI, JJ.

DATED :

5th DECEMBER, 2022.

PER COURT :

Heard. The learned counsel for the applicant states that, the statements of alleged eye witnesses are recorded after eight days of the incident. According to him, such belatedly recorded statements cannot be said to be basis for conviction of the applicant - accused. The learned A.P.P. opposed the said contention by pointing out relevant evidence on record.

2.

Both the eye witnesses to the incident are lawyers, who happened to be in the Family Court, Nanded for

Cri. Appln. No.3589/2022 :: 2 ::

attending their respective cases. The incident in question has occurred in the premises of Family Court, Nanded. We have no reason, at this stage, to disbelieve the testimonies of lawyers who have no personal interest in the present case. Considering the prima facie material evidence on record, showing involvement of the applicant in the crime in question, we are not inclined to suspend the substantive sentence passed against the applicant. Hence, the Criminal Application stands dismissed.

( R. M. JOSHI, J. ) ( R. G. AVACHAT, J. ) fmp/-