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Bombay High CourtAPPLN/6230/2015dismissed

Kailas S/O Sopan Jade v. The State Of Maharashtra

2016-11-24Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice K. K. Sonawane3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6230 OF 2015 IN CRIMINAL APPEAL NO.853 OF 2015 Kailas s/o Sopan Jade, Age­30 years, Occu:Labourer, R/o­Yashwant Nagar, Bhadgaon, Tq­Bhadgaon, Dist­Jalgaon.

...APPLICANT

VERSUS

The State of Maharashtra, Through Police Station, Parola, Tq­Parola, Dist­Jalgaon.

...RESPONDENT ...

Mr.Ravindra S. Shinde Advocate h/f. Mr. N.L.

Choudhari Advocate for Applicant.

Mr.D.R. Kale, A.P.P. for Respondent.

...

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

DATE : 24TH NOVEMBER, 2016 ORDER :

1.

Heard the learned counsel appearing for

the Applicant/Appellant. Perused the evidence of the prosecution witnesses and in particular evidence of PW­2 Sunanda Sonar and PW­3 Vishakha Bagul, and also the medical evidence and the evidence of recovery of weapon from the Applicant. 2.

In our prima facie opinion, the findings recorded by the trial Court appears to be in consonance with the evidence on record. No case is made out for granting the bail. We do not wish to elaborate on the evidence, since the Appeal filed by the Applicant/Appellant is pending. The Criminal Application stands dismissed.

3.

The Registry of this Court shall send original Record and Proceedings to the Registry of Additional Sessions Judge, Amalner. Upon receiving the original Record and Proceedings by the Registry of the Additional Sessions Judge, Amalner, the Registry of concerned Court shall prepare the Paper Book and send it back along with

original Record and Proceedings, as expeditiously as possible, and preferably within three months from receipt of the original Record and Proceedings.

4.

After receipt of Paper­Book along with the original Record and Proceedings, liberty to mention for early hearing of the Appeal.

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