Bombay High CourtAPPA/147/2017rejected

Ramesh S/O. Jaipal Patle (In Jail) v. State Of Maharashtra Thr. Police Station Amgaon, Dist. Gondia

2017-06-27Hon'Ble Shri Justice V.M. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.147 OF 2017 IN CRIMINAL APPEAL NO.79 OF 2017 Ramesh s/o Jaipal Patle ..vs..

State of Mah., Police Station Amgaon, District Gondia. ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri K.P. Joshi, Counsel for the applicant.

Ms Udeshi, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : JUNE 27, 2017.

Heard learned counsel Shri K.P. Joshi for the applicant in extenso.

The applicant, who is seeking suspension of substantive jail sentence, is a teacher and the victims are 6 in numbers and they are students. Their age is ranging in between 8 to 9 years.

Learned Judge of the Court below, after considering the evidence, has found that the prosecution has proved its case beyond reasonable doubt against the applicant. It is the submission of learned counsel for the applicant that though offence is very grievous and serious in nature, irregularities are committed during the course of the .....2/-

appa147.17 11 Trial, this is a case for remand.

This particular aspect will be considered at the time of its final hearing. Surely, prima facie evaluation of the evidence by learned Judge of the Court below cannot be faulted at. Hence, the application is rejected.

Learned counsel for the applicant submits that he will be filing paper-book within a period of four weeks. If the paper-book is filed within a period of four weeks, thereafter the matter will be considered as to when the matter will be fixed for final hearing.

JUDGE !! BRW !!

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