Ganesh Narayan Shirke And Ors vs The State Of Maharashtra
2018 Latest Caselaw 392 Bom

                                                             204-APEAL-581-11 & 589-11.sxw

BDPSPS
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE  JURISDICTION  

                                 CRIMINAL APPEAL NO.581 OF 2011



         Dhirendra alias Balu Subhash Vadval                            ....Appellant.
                    Versus
         The State of Maharashtra                                       .....Respondent


                                          ALONGWITH
                                 CRIMINAL APPEAL NO.589 OF 2011


         Ganesh Narayan Shirke
         and Others                                                     ...Appellants.
              Versus 
         The State of Maharashtra                                       ....Respondents.


         Ms.   Farhana   Shah,   Advocate   for   the   Appellant     in   Criminal   Appeal 
         No.581 of 2011.
         Mr.   Anil   S.   Navale,   Advocate   for   the   Appellant   No.1.   in   Criminal 
         Appeal No. 589 of 2011.
         Ms. Rohini Dandekar, Advocate appointed by Legal Aid Committee for 
         Appellant No.1  in Criminal Appeal No.589 of 2011.
         Mr. P.R. Arjunwadkar, Advocate for  Appellant No.2 in Appeal No.589 
         of 2011
         Mrs  Ashvini A.   Takalkar, APP for the Respondent/State in  both the 
         above criminal appeals.


                                     CORAM:  B. R. GAVAI  & 
                                                    BHARATI H. DANGRE,  JJ.

DATE: 13th JANUARY, 2018

204-APEAL-581-11 & 589-11.sxw

P.C.:-

For the reasons separately recorded, following order is passed:-

O R D E R

(i) Appeals are allowed. The Order of conviction and sentence in so far as present Appellants are concerned, is quashed and set aside. Appellants are directed to be set at liberty forthwith, if not required in any other case.

(ii) Fees of Ms. Rohini Dandekar, Advocate appointed by Legal Aid Committee for Appellant No.1 in Criminal Appeal No.589 of 2011 is quantified at Rs 5,000/-.

(BHARATI H. DANGRE, J. ) (B. R. GAVAI, J. )