Imtiyaj Noorahamad Hundekari v. The State Of Maharashtra

CRI-Apeal(st) 744.18.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL (ST) NO. 744 OF 2018 Imtiyaj Noorahamad Undekari .... Appellant (Org. Accused No.3) V/s State of Maharashtra ..... Respondent.

­­­ Mr. Satyavrat Joshi with Mr. Nitesh J. Mohite, Advocate for the Appellant.

Mr. H. J. Dedhia, APP for the Respondent/State. ­­­ CORAM: B. R. GAVAI & SARANG V. KOTWAL, JJ.

DATE: 21st JUNE, 2018 P.C.:­ 1] Mentioned, not on board. Upon mentioning, taken on board 2] For the reasons separately recorded in the Judgment dated 20th June, 2018 passed by us in Criminal Appeal Nos. 908/2004 with accompanying Criminal Appeal Nos. 854 of 2004 and 759 of 2018, the following order is passed:­

O R D E R

(i) Appeal is allowed.

(ii) The Judgment and Order of conviction and sentence imposed by the learned Trial 1/2

CRI-Apeal(st) 744.18.sxw Judge is quashed and set aside.

(iii) Appellant is acquitted of the charges charged with.

(iv) Appellant/Accused No.3 is directed to be released forthwith, if not required in any other case.

(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.) 2/2