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Bombay High CourtBA/391/2015rejected

Bandu S/O Fakira Jadhav (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Manora, Washim

2015-07-17Hon'Ble Shri Justice A.B. Chaudhari2 pages

ba391.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.391/2015 Bandu s/o Fakira Jadhav..vs.. State of Maharashtra thr. PSO P.S.Manora, Dist. Washim __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. S. Dhengale, Advocate for applicant.

Mr. S. B. Ahirkar, A.P.P. for non applicant-State. Mr. Sirpurkar, Assisting the prosecution.

CORAM : A.B. CHAUDHARI, J.

DATE :

JULY 17, 2015.

Heard learned counsel for rival parties.

The earlier application filed was withdrawn by the applicant. Perusal of this application also does not show any new ground made out by the applicant. The FIR and statements of the witnesses shows that the applicant is said to have assaulted the deceased Devidas Chavan by means of iron pipe. Learned counsel for the applicant submitted that the person allegedly assaulted by him has been injured on the palm and nothing more nor he is alleged to have assaulted the deceased who died in the incident.

Looking to the entire account of the incident given in the FIR as well as statements of the witnesses, the applicant was active member of the unlawful assembly, I am not inclined to allow present

ba391.15 application at this stage. However, the trial could be directed to expedited.

In that view of the matter, following order is passed.

ORDER

(i) Criminal Application No.391/2015 is rejected.

(ii) Trial expedited.

JUDGE kahale