Bhupal Bapu Chougule v. Sandip Ashok Bargale And ORS.

1 7.564.18 appln.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 564 OF 2018 (FOR DELAY) WITH CRIMINAL APPLICATION NO. 491 OF 2019 (FOR LEAVE TO APPEAL) Bhupal Bapu Chougule .....Applicant V/s.

Sandip Ashok Bargale and others .....Respondents Padmanabh D. Pise for the applicant Mr. Nagesh Y. Chavan for respondent nos. 1 to 3 Mr. R. M. Pethe APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 27, 2019.

P.C.

Apart from unexplained delay of more than 4 years, acquittal is based on appreciation of evidence of alleged eye witnesses. With the assistance of learned counsel for the applicant, I have gone through entire depositions.

2 7.564.18 appln.doc Applicant/complainant has failed to establish that the alleged Muddemal which was stolen, owned by him as the Investigating Offcer has failed to recover the bill/cash receipts pertaining to Muddemal from the applicant himself.

Even if testimony of the photographer is accepted, still fact remains that it cannot be inferred that photographs of the feld where the alleged incident took place.

In that view of the matter, no interference is warranted, delay is rejected. Leave is refused.

[NITIN W. SAMBRE, J.]