Devgiri Nagri Sahakari Pat Sanstha, M, Jalna, Branch Tembhurani, v. Prakash S/O Shankarrao Hiwale And ANR.

Cri.Appln.No.6487/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6487 OF 2015 Devgiri Nagri Sahakari Pat Sanstha ...

APPLICANT

VERSUS

Prakash s/o Shankarrao Hiwale and another ...

RESPONDENTS .....

Shri Kunal Kale, Advocate holding for Shri Swapnil Joshi, Advocate for applicant Shri S.M. Ganachari, A.P.P. for respondent No.2/ State .....

CORAM:

A.I.S. CHEEMA, J.

DATED:

29th April, 2016.

ORAL ORDER :

1.

Counsel for applicant is not present. On his behalf, time is sought. Perused the application as well as the copy of judgment of the trial Court. Considered reasons recorded in para 13 of the judgment and the application raising grounds against the reasonings of the trial Court.

2.

There appears to be an arguable case. The manner in which the trial court has appreciated the evidence needs to be

Cri.Appln.No.6487/2015 re-considered.

3.

Leave is granted. Application is converted into appeal.

4.

Appeal is admitted.

5.

Printing is dispensed with. Paper Book be got prepared.

6.

Action under Section 390 of the Code of Criminal Procedure be taken against the respondent No.1 accused in the trial Court. At the time of releasing the respondent No.1 - accused on bail, the trial Court shall add condition of respondent - accused marking presence in the trial Court every three months, till disposal of the Criminal Appeal. Trial Court shall yearly send report in January of marking presence by accused in this regard to this Court till disposal of appeal. (A.I.S. CHEEMA, J.) fmp/cri6487.15