Sameerkumar Prakash Awasare v. The State Of Maharashtra

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2023.12.18 18:57:39 +0530 SHAGUFTA QUTBUDDIN PATHAN 11-APEAL-643-2008.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 643 OF 2008 Sameerkumar Prakash Awasare ... Appellant

Versus

The State of Maharashtra ... Respondent Mr. Aniket Vagal a/w Ms. Savvy Kolhekar, Mr. Divesh Mehani and Mr. Kunal Nitin Pednekar for the Appellant Ms. P. P. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

FRIDAY, 5 th JANUARY 2024 P.C :

For the reasons separately recorded, following operative order is passed :

OPERATIVE ORDER i) The Appeal is allowed;

ii) The impugned judgment and order dated 30th June 2008, passed by the learned Additional Sessions Judge, SQ Pathan 1/2

11-APEAL-643-2008.doc Ratnagiri in Sessions Case No.8/2007, convicting and sentencing the appellant, is quashed and set-aside; iii) The appellant is acquitted of the offence, with which he is charged. The appellant be set at liberty forthwith, if not required in any other case. iv) The fine amount, if paid, be refunded to the appellant.

All concerned to act on the authenticated copy of this operative order.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

SQ Pathan 2/2