State Of Mah. Thr. Pso Ps Pinjar ... vs Sy.Meraj Sy.Sadaruddin And 3 ...
2021 Latest Caselaw 8868 Bom

appa236.21                                                                                                  1
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR


                       CRIMINAL APPLICATION (APPA) NO. 236/2021
                                          IN
                          CRIMINAL APPEAL (ST.) NO. 2279/2021
                                          State of Maharashtra
                                                ...VERSUS...
                                    Sy. Meraj Sy. Sadaruddin & ors.
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Office Notes, Office Memoranda of Coram,                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                              Shri S.S. Doifode, APP for the applicant/appellant
                              Shri Sharma, Advocate for the non-applicant/respondents

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                              CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

JULY 07, 2021

1] Heard Shri S.S. Doifode, learned APP for the applicant / State of Maharashtra on this application for leave to file appeal.

2] The State is aggrieved by the judgment and order of acquittal dated 07/12/2019 in Sessions Trial No. 104/2012 whereby the learned Additional Sessions Judge, Akola acquitted the respondents for the offences punishable under Sections 302, 304-B, 498-A and 34 of the Indian Penal Code.

3] In our view, the re-look to the entire prosecution case is absolutely necessary in view of the observations made by the learned Judge in the judgment of acquittal in para no. 27 for rejecting the evidence of Doctor who examine the deceased prior to recording of her dying declaration (Exh. 94). The re-look is also required in view of the expert

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opinion (Exh. 123) which shows that there was a detection of kerosene on the seized clothes of the accused were found to be positive.

4] Hence, this application is allowed. Leave is granted to the State to file the appeal against the judgment and order of acquittal passed by the learned trial Court.

CRIMINAL APPEAL (ST.) NO. 2279/2021

5] Heard Shri S.S. Doifode, learned APP for the State.

6] This appeal challenging the judgment and order of acquittal passed by the Additional Sessions Judge in Sessions Trial No. 104/2012 on 07/12/2019 is hereby admitted.

7] Shri Sharma, learned advocate waives service for the respondents.

8] Action under Section 390 of the Code of Criminal Procedure be taken.

9] When the respondents will be brought before the Court below in pursuance to the action under Section 390, the learned Judge before whom they will be brought shall release them on bail on they executing P.R. Bond of Rs. Two Thousand by each of them and one solvent surety of the like amount.

                                        (JUDGE)                         (JUDGE)




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