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Bombay High CourtAPPLN/4297/2022application allowed

Sunny @ Chalis Vasant Patil v. The State Of Maharashtra

2022-12-21Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice R. M. Joshi2 pages

909.APPLN.4297.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4297 OF 2022 IN APEAL/1136/2019 WITH APPLN/675/2020 IN APEAL/1136/2019 WITH APEAL/1136/2019 WITH APEAL/1180/2019 SUNNY @ CHALIS VASANT PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. A.K. Bhosle, Advocate for the Applicant.

Mr. S.P. Sonpawale, APP, for the Respondent - State. ...

CORAM :R.G. AVACHAT & R.M. JOSHI, JJ DATE :DECEMBER 21, 2022.

PER COURT :

1.

Heard.

2.

Issue notice to the Respondent.

3.

Learned APP waives service of notice on behalf of Respondent - State.

4.

Learned Advocate for the Applicant pointed out to this Court that the accused against whom the assault with knife on the deceased is attributed are already enlarged on bail.

5.

There is no dispute about the fact that no such allegation is made against present Applicant and

909.APPLN.4297.2022.doc his role is restricted to pelting of stones in the said incident.

6.

Considering the evidence on record, there is no reason to deny parity to the present Applicant. Hence, Criminal Application is allowed on the same terms and conditions imposed on the applicant in the order passed by this Court on 21st April, 2022 in Criminal Application No. 1387 of 2022 in Criminal Appeal No. 1136 of 2019.

(R.M. JOSHI, J.) (R.G. AVACHAT, J.) Malani