The State Of Mah v. Mahalappa Shivaji Kale

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5839 OF 2012 (The State of Maharashtra Vs. Mahalappa Shivaji Kale) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Shri B.L. Dhas, A.P.P. for applicant Shri M.S. Bhosale, Advocate holding for Shri N.L. Jadhav, Advocate for respondent .....

CORAM :

A.I.S. CHEEMA, J.

DATED :

4th March, 2015.

1.

Heard learned A.P.P. for the applicant/ State. Learned counsel for respondent submits that, he has not received copies of the judgments of the courts below. However, the respondent was party to the proceedings before the courts below in which he was acquitted in the appeal. The present matter is at the stage of grant of leave. The reasonings of the trial Court vis-a-vis reasonings recorded by the appellate Court need to be re-appreciated. There are grounds to grant leave. Leave is granted. Application is converted into Criminal Appeal.

2.

Appeal is admitted.

3.

Learned counsel for respondent waives service after admission of appeal.

4.

Paper Book be got prepared.

5.

Action under Section 390 of the Code of Criminal Procedure be taken against respondent - accused in the trial Court and brief report of compliance be called. (A.I.S. CHEEMA, J.) fmp/cri3024.13