State Of Maharashtra, Thr. P.S.O., P.S. Wardha City v. Seikh Rafiq @ Pappu Sheikh Latifand 9 Othr.

1 appa836.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 836/2018 IN CRIMINAL APPEAL NO. / 2019 State ..VS..

Sheikh Rafiq @ Pappu Sheikh Latif & ors.

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s or Judge'

s orders appearances, Court'

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.J. Kadu, APP for the applicant/appellant Shri P.W. Mirza, Advocate for the non-applicant/respondents CORAM : Z.A.HAQ & PUSHPA V. GANEDIWALA, JJ.

DATED : 23/09/2019 The applicant/appellant (State) has filed appeal to challenge the judgment passed by the Sessions Court acquitting the accused of the charge of commission of offences punishable under Sections 143, 147, 148, 302 r/w Section 149 of the Indian Penal Code and Section 4 r/w Section 25 of the Indian Arms Act.

The learned APP has invited our attention to the evidence of P.W. 1 and P.W. 3 who have witnessed the incident.

The learned advocate for the accused argued that the witnesses on whom the prosecution relies to prove its case are all members of the family of the victim. After examining the material produced on record, at this stage, we are satisfied that the applicant/appellant

2 appa836.18 (State) has made out case for grant of leave to file appeal. Hence, leave granted.

The criminal application is allowed accordingly. CRIMINAL APPEAL NO. /2019 ADMIT.

Shri P.W. Mirza, Advocate waives notice for the respondents.

Call R. & P.

Office to initiate action as per Section 390 of the Code of Criminal Procedure.

JUDGE JUDGE Ansari