Smt. Sharda Wd/O. Sanjay Kaithwas v. The State Of Maharashtra Thr. The Police Station Officer, Police Station Badnera Amravati And Other

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 835/2016 IN CRIMINALAPPEAL NO. .............2016 (Smt. Sharda wd/o Sanjay Kaithwas vs. The State of Maharashtra and others) ==========----------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. Sanjay Doiphode, Additional Public Prosecutor for respondent no.1 Mr. Rahul Nikare, Adv.h/for Mr. Mir Nagman Ali, Adv. for Res.Nos.,3,4,5 & 6 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 9th March, 2018.

Since we prima facie find that the reasons recorded by the trial Court for disbelieving the testimony of the eye- witness do not appear to be reasonable and correct, leave is granted to the applicant to file the Appeal.

The prayer made in the Application is partly granted. C.A. stands disposed of.

CRIMINAL APPEAL:

Admit.

Call for the record and proceedings.

Appropriate steps under the provisions of Section 390 of the Code of Criminal Procedure should be initiated. Learned Additional Public Prosecutor, Shri Doiphode, waives notice of hearing on behalf of the respondent no.1. Learned counsel, Shri Mir Nagman Ali, waives notice of hearing on behalf of the respondents 3,4,5 and 6.

JUDGE JUDGE sahare