Nitin Sahaji Patil v. State Of Maharashtra

8 REVN 221 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 221 OF 2024 Nitin Sahaji Patil ...Applicant vs.

State of Maharashtra

...Respondent

***** Mr. Priyal Sarda:- Advocate for the Applicant.

Mr. A. S. Gawai:- APP for the State.

***** CORAM : S. M. MODAK, J.

DATE : 21st JUNE 2024 P. C. :- 1.

For the reasons recorded separately, which are under typing, following order is passed:-

O R D E R

(i) Revision is partly allowed.

(ii) The order passed by the Court of Sessions Judge, Pune on 22nd March 2024 in Criminal Appeal No.206 of 2017 is set aside. Kishor 1/2

8 REVN 221 of 2024.doc (iii) The Appeal is remanded to the Appellate Court. (iv) The Applicant to appear before the Appellate Court on 1st July 2024.

(v) The Appellate Court to hear the appeal again with following directions:- (a) Go through the record of the trial Court and hear the parties on the point of any attempt made to examine witness to prove Exhibit-30.

(b) Then hear the Appeal again as per merits. (c) The Applicant is at liberty to address trial Court on this aspect as well on other merits.

(d) The Appellate Court is at liberty to exercise necessary power if it deems proper as per the settled law.

2.

Revision is disposed of.

[S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.06.24 11:45:47 +0530 KISHOR VISHNU KAMBLE Kishor 2/2