Gandadhar Babaji Lenaka v. The State Of Maharashtra

908.apeal541.253.313.433.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 541 OF 2014 WITH CRIMINAL APPLICATION NO. 1428 OF 2018 Pratapp Bhimsingh Parera.

..Appellant.

V/s.

The State of Maharashtra.

..Respondent.

WITH CRIMINAL APPEAL NO. 253 OF 2015 WITH CRIMINAL APPLICAITON NO. 1106 OF 2017 Gandadhar Babaji Lenaka.

..Appellant.

V/s.

The State of Maharashtra.

..Respondent.

WITH CRIMINAL APPEAL NO. 313 OF 2014 Savita Pratap Parera.

..Appellant.

V/s.

The State of Maharashtra.

..Respondent.

WITH CRIMINAL APPEAL NO. 433 OF 2014 Santoshi Santosh Pradhan.

..Appellant.

V/s.

The State of Maharashtra.

..Respondent.

Mr. Ameeta Kuttikrishnan, advocate appointed for appellants in all the appeals.

Mr. S.H. Yadav, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : DECEMBER 7, 2018.

Talwalkar

908.apeal541.253.313.433.doc P. C. :

Heard the learned Counsel for the appellants and the learned APP for State.

For the reasons to be recorded separately, following order is passed :

ORDER

(i) All four appeals are allowed.

(ii) The conviction and sentence awarded by the Judgment and Order dated 15/7/2013 in Special (NDPS) Case No. 23 of 2011 passed by Special Judge, Solapur is hereby quashed set aside. The appellants are acquitted of all the charges.

(iii) The appellants be released forthwith. Fine amount if paid be refunded.

(iv) The Superintendent of Yerwada Prison to send the compliance report of this order and the particulars of the child such as name, age etc. immediately to this Court.

(v) The professional fees of Ms. Ameeta Kuttikrishnan shall be quantified as per rules in each appeals.

(vi) The Writ be issued expeditiously.

(vii) Appeals and applications stand disposed of accordingly. (viii) Registry to inform this order to the accused forthwith who are lodged in Yerwada Prison.

[SMT. SADHANA S. JADHAV, J.] Talwalkar