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Bombay High CourtAPPA/268/2019allowed

State Of Maharashtra Thr. P.S.O., P.S. Washim(R) v. Gautam Haribhau Sarkate And Othr.

2019-03-26Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

1 appa268.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 268/2019 IN CRIMINAL APPEAL NO. /2019 State of Maharashtra ..VS..

Gautam Haribhau Sarkate & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Ukey, Addl. PP for the applicant/appellant CORAM : Z.A.HAQ & VINAY JOSHI, JJ.

DATED : 26/03/2019 Heard.

The State has challenged the order of acquittal passed by the learned Sessions Judge, Washim in Sessions Case No. 08/2016 for commission of offences punishable under Sections 307, 325 and 34 of the Indian Penal Code. The learned Addl. PP took us through the evidence of Victim - P.W. - 1 (Rahul) who had stated that the injuries were caused to him by the accused by means of stick, axe and knife. Moreover, evidence of P.W. - 5 (Dr. Kavita Thakre) is referred.

In view of the said material, we are inclined to grant leave as prayed for.

Leave granted.

The criminal application is allowed accordingly.

2 appa268.19 CRIMINAL APPEAL NO. /2019 Heard.

Taken up for hearing on admission.

ADMIT.

Action under Section 390 of the Code of Criminal Procedure to follow.

The learned Sessions Judge shall release the nonapplicants - accused on bail on their furnishing P.R. Bond of Rs. 15,000/- each with solvent surety of like amount to his satisfaction.

JUDGE JUDGE Ansari