The State Of Maharashtra v. Kiran @ Kirnya Balasaheb Kamble And Others

1 915ALS209.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR LEAVE TO APPEAL BY STATE NO. 209 OF 2019 The State of Maharashtra ...Applicant

Versus

Kiran @ Kirnya Balasaheb Kamble & Ors.

...Respondents

.....

Mrs. Uma S. Bhosale - APP for Applicant/State .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 17TH APRIL, 2024 PER COURT : - 1.

This is the Application filed by State seeking leave to file Appeal.

2.

Heard Mrs. Uma S. Bhosale, learned Assistant Public Prosecutor for the Applicant/State. None for the Respondents. 3.

We have perused the evidence available on record and the observations of the learned trial Court. The case is based on testimony of the eye-witnesses. The learned trial Court has observed that there is inconsistency in the evidence of eye-witnesses regarding the incident. We see arguable points in the Appeal. Hence, we proceed to pass the

2 915ALS209.2019.odt following order : -

ORDER

[i] Leave to file Appeal is allowed.

[ii] Action under Section 390 of the Code of Criminal Procedure shall follow before the trial Court.

[iii] Record & Proceedings be called for with Paper-book. [NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 19/04/2024 12:54:43