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Bombay High CourtAPEAL/502/2025allowed

Manoj Mansaram Maraskolle v. State Of Maharashtra

2026-03-18Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

sns 201-apeal-502-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.502 OF 2025 Manoj Mansaram Maraskolle Age: 38 years, Occ. Waiter R/a. Madhav Bhavan Compound, Khadilkar Road, Girgaon, Mumbai.

Permanent Address:

A/P, Tilli, Taluka: Goregaon, Dist. Gondiya Maharashtra Presently lodged at Kolhapur Central Prison as Prisoner No.C- 8213 ... Appellant V/s.

The State of Maharashtra V. P. Road Police Station, Mumbai ... Respondent Mr. Prosper Dsouza, Appointed Advocate for the Appellant. Smt. Madhavi H. Mhatre, APP, for the Respondent-State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 18th March 2026 P.C.:- 1) The above mentioned deliberation leads to draw a conclusion that, the Appellant is entitled to have benefit of doubt. 2) For the reasons recorded separately, following Order is passed :- Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2026.03.18 17:23:59 +0530 1/2 SUMEDH NAMDEO SONAWANE

sns 201-apeal-502-2025.doc

ORDER

(i) The Judgment and Order dated 8th November, 2024, passed by learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.556 of 2022, is quashed and set aside. (ii) Appellant is given benefit of doubt and is accordingly acquitted from the Charge under Section 302 of the Indian Penal Code.

(iii) Appellant be set at liberty if not required in any other case/cases, on production of an authenticated copy of the operative part of the present Order.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2