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Bombay High CourtAPEAL/604/1996appeal allowedreversed

Balu Bapu Mote v. State Of Maharashtra

2016-03-02Hon'Ble Smt. Justice S.S. Jadhav2 pages

211.apeal604.96.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 604 OF 1996 Balu Bapu Mote.

... Appellant.

Versus

The State of Maharashtra.

(Inspector of Police, Hupri Police Station, Dist. Kolhapur.) ... Respondent.

­­­ Mr. J.J. Bardeskar, advocate for appellant.

Mrs. A.A. Mane, APP for State.

­­­ CORAM : SMT. SADHANA S. JADHAV,J DATE : MARCH 2, 2016 P.C.

For the reasons recorded separately, following order is passed.

ORDER

(i) The Criminal Appeal is allowed.

(ii) The Judgment and Order dated 7/9/1996 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 27/1996 Talwalkar 1/2

211.apeal604.96.sxw convicting the appellant for the offence punishable under Section 326 of the Indian Penal Code is hereby quashed and set aside. (iii) The appellant is acquitted of the charge under Section 326 of the Indian Penal Code.

(iv) Fine amount if paid to be refunded.

(v) The bail bond stands cancelled.

The Criminal Appeal is disposed off accordingly. (SMT. SADHANA S. JADHAV,J) Talwalkar 2/2