State Of Maharashtra, Thr. P.S.O. ... vs Guddu @ Sidharth S/O Rajesh ...
2016 Latest Caselaw 7431 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                           
                              NAGPUR BENCH, NAGPUR




                                      
                      CRIMINAL APPEAL NO.284 OF 2016
                             
                            
      State of Maharashtra,
      through its Police Station Officer,
      Police Station, Ambazari,
      Nagpur.                          ..........      APPELLANT
      
   



              // VERSUS //





      1. Guddu @ Sidharth s/o. Rajesh
         Kasekar, aged about 24 years,
         Occ. Sweeper.

      2. Lotan s/o. Sudharshan Saktel,





         aged about 58 years, Occ.
         Sweeper.

      3. Rajesh s/o. Ishwar Kasekar,
         aged about 48 years, Occ.
         Sweeper.




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           Accused Nos. 1 to 3 r/o. Pandharibodi,
           Jay Nagar, Trust Layout, Nagpur.




                                                                       
      4. Anil s/o. Bansilal Chawhan,




                                               
         aged about 39 years, Occ.
         Sweeper, r/o. Civil Lines, in front
         of Udhyog Bhavan, P.W.D. Quarter,
         Nagpur.




                                              
      5. Sau. Lilabai w/o. Lotan Saktel,
         aged about 55 years, Occ. Sweeper,
         r/o.Pandharabodi, Jay Nagar,
         Trust Layout, Nagpur.           ..........        RESPONDENTS




                                         
                             
      ____________________________________________________________
              Mr.T.A.Mirza, A.P.P. for the Appellant/State.
          Mr.R.K.Tiwari, Advocate for Respondent Nos. 1 to 5.
                            
      ____________________________________________________________



                                   CORAM   : B.R. GAVAI
      


                                             AND
                                             V. M. DESHPANDE, JJ.

DATE : 19.12.2016.

ORAL JUDGMENT (Per B.R. GAVAI, J) :

1. The appeal is taken up for final hearing. Heard

the learned Counsel for the respective parties.

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2. Criminal Application No.251 of 2016 seeking

leave to file appeal was already considered by the Division

Bench of this Court. The Division Bench, vide Order

dt.7.6.2016, has elaborately given reasons as to why the

findings, as recorded by the learned trial Judge, cannot be

said to be perverse or impossible. The Court has

considered the evidence of prosecution witnesses in detail

and has held that the view taken by the learned trial Judge

was a plausible and probable view.

3. In that view of the matter, in view of the findings

recorded in Criminal Application No.251 of 2016, present

Criminal Appeal is also dismissed.

The bail bonds shall stand cancelled.

                       JUDGE                                      JUDGE





      [jaiswal]





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                                       CERTIFICATE

I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.

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