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Bombay High CourtALS/95/2017others disposed off

The State Of Maharashtra v. Suresh Malkappa Parshetti And ORS

2018-11-24Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

1 ALS 95­17.odt­28

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.95 OF 2017 The State of Maharashtra.

] ... Applicant

Versus

Suresh Malkappa Parshetti & Ors.

] ... Respondents Smt. A. S. Pai, APP for State ­ Applicant.

CORAM :­ B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :­ NOVEMBER 24, 2018 P. C. :­ 1.

Heard learned APP for State ­ Applicant.

2.

Perused the impugned Judgment dated 20/04/2017 delivered by the learned Additional Sessions Judge ­ 4, Solapur. 3.

Considerations in paragraph 16 show that the learned Additional Sessions Judge has given valid reasons for doubting the version of the prosecution. Finding in paragraph 14 that the URS 1 of 2

2 ALS 95­17.odt­28 deposition of PW 4 Vijaykumar Parshetty and PW 5 Mahadevi Dhanure cannot be termed as deposition of independent and impartial witness, also does not appear to be perverse. A probable view, therefore, has been reached.

4.

No case has been made out. Application rejected. (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2