Bombay High CourtAPPA/83/2015others disposed off

Ramchandra S/O Ankalu Jimade And Another v. State Of Maharashtra, Through P.S.O. Assarali, Gadchiroli

2015-02-10Hon'Ble Shri Justice P.B. Varale2 pages

apeal.52.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Appeal No.52 of 2015 (Ramchandra Ankalu Jimade and another vs.

The State of Maharashtra, through P.S.O. Assarali District Gadchiroli) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: PRASANNA B. VARALE, J.

DATE : FEBRUARY 10, 2015.

Heard Mr. Muhammad Ateeque, the learned Counsel for the appellants.

ADMIT.

Call for record and proceedings.

Criminal Application [APPA] No.83/2015 :

Heard the learned Counsel for the appellants/ applicants. The learned Counsel submits that the applicants have raised substantial ground in challenge to the judgment and order passed by the learned Sessions Judge, Gadchiroli, dated 21/01/2015 in the appeal presented by them. The learned Counsel submits that the learned Sessions Judge failed to appreciate the evidence in its proper perspective. He submits that though it was the case of the prosecution that the accused used the weapon like an axe and caused injury, there is absolutely no material placed on record in the form of either

apeal.52.15 2/2 recovery of the weapon or a medical certificate establishing the case of the prosecution. He further submits that the sentence awarded is of two years and as it was as short sentence, the applicants were on bail. It is further submitted that the applicants are the sole breadwinner of their family and maintaining family of old parents and a young son and a daughter.

Mrs. S.S. Jachak, the learned A.P.P. opposes the application.

Perused the judgment and order passed by the learned Sessions Judge.

In view of the submissions of the learned Counsel for the applicants, the application is allowed in terms of it's prayer clause (1).

The application stands disposed of as such.

JUDGE *sdw