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Bombay High CourtAPPA/1000/2018rejected

Lokesh S/O. Anandrao Barsagade(In Jail) v. The State Of Maharashtra Thr. P.S.O., P.S. Pauni,

2018-12-18Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice S.M. Modak1 pages

1812appa1000.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CRIMINAL APPLICATION (APPA) NO. 1000 OF 2018 IN CRIMINAL APPEAL NO. 601 OF 2018 (Lokesh s/o Anandrao Barsagade (in Jail) vs. State of Maharashtra thr. PSO, PS Pauni, Tahsil - Pauni, District - Bhandara) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : S.B. SHUKRE & S.M. MODAK, JJ.

DECEMBER 18, 2018.

Heard Shri Dilip Bhoyar, learned counsel for the applicant and Shri A.V. Palshikar, learned APP for the nonapplicant - State. We have gone through the application. We have also perused carefully the evidence brought on record by the prosecution. It appears that three dying declarations are recorded within a span of one day after the burning incident took place. The last of the dying declaration has been recorded by the Naib Tahsildar. Suffice it to say that at this stage, considering the last dying declaration, we do not think that any prima facie case is made out for grant of this application. Criminal Application stands rejected. Hearing of the Appeal is expedited.

Preparation of paper book be expedited.

List the matter for final hearing in the last week of January 2019.

JUDGE JUDGE *GS.