Bombay High Court
Yogesh Daulat Gadakh And Anr vs The State Of Maharashtra on 16 July, 2021
Bench: S.S. Jadhav, N. R. Borkar
apeal.670.16 with others final.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 670 OF 2016
WITH
CRIMINAL APPLICATION NO. 47 OF 2019
IN
CRIMINAL APPEAL NO. 670 OF 2016
1. Mulani Dawood Husain }
Age: 21 years, }
R/o: Pachore-Vani }
Taluka-Niphad, District-Nashik }
}
2. Sagar Vijay Gavali }
Age: 21 years }
R/o: Behed, Taluka: Niphad }
District: Nashik. }
}
3. Arjun Madhukar Rahane }
Age: 25 years, }
R/o: Mauje Sukene }
Taluka: Niphad }
District: Nashik }
}
(At present lodged at Nashik Road, Central } Appellants
Prison, Nashik) } (Orig. accused nos. 3,4
&5)
Versus
The State of Maharashtra } Respondent
WITH
CRIMINAL APPEAL NO. 295 OF 2017
WITH
CRIMINAL APPLICATION NO. 454 OF 2018
WITH
CRIMINAL APPLICATION NO. 46 OF 2019
IN
CRIMINAL APPEAL NO. 295 OF 2017
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1. Sachin Damodhar Kolhe (Patil) }
Age: 25 years, } Appellant
R/o: Umbarkhed Road, Pimpalgaon(B) } (Orig. accused no.1)
Taluka-Niphad, District-Nashik }
Versus
The State of Maharashtra } Respondent
WITH
CRIMINAL APPEAL NO. 673 OF 2016
WITH
CRIMINAL APPLICATION NO. 50 OF 2019
WITH
INTERIM APPLICATION NO. 1078 OF 2020
IN
CRIMINAL APPEAL NO. 673 OF 2016
1. Yogesh Daulat Gadakh }
Age: 21years, }
R/o:Pachore-Vani }
Taluka-Niphad, District-Nashik }
}
2. Vishwajit @ Sonu Kiran Thete }
Age: 24 years, }
R/o: Shivaji Nagar, Pimpalgaon (B) } Appellants
Taluka-Niphad, District-Nashik } (Orig. accused no.6
} and 11)
Versus
The State of Maharashtra } Respondent
WITH
CRIMINAL APPEAL NO. 733 OF 2018
Varsha 2 of 5
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Santosh Manohar Hatangale }
Age: 25 years, }
R/o: Shastri Nagar, Umbarkhed Road, }
Pimpalgaon (B), } Appellant
Taluka-Niphad, District-Nashik } (Orig. accused no.9)
Versus
The State of Maharashtra } Respondent
WITH
CRIMINAL APPEAL NO. 681 OF 2016
WITH
CRIMINAL APPLICATION NO. 1269 OF 2016
WITH
CRIMINAL APPLICATION NO. 51 OF 2019
IN
CRIMINAL APPEAL NO. 681 OF 2016
Tushar Vikram Bairagi, }
Age: 20 years, }
R/o: Ghodke Nagar, Pimpalgaon (B) }
Pimpalgaon (B), } Appellant
Taluka-Niphad, District-Nashik } (Orig. accused no.2)
Versus
The State of Maharashtra } Respondent
-------------------
Mr. Aniket Vagal for the appellants in Apeal/670/2016,
Apeal/673/2016, Apeal/681/2016.
Mr. Atul Kakade, court appointed advocate for appellant in
Apeal/295/2017.
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Mr. Atul Kakade I.by Mr. Praap B. Kakade for appellant in
Apeal/733/2018.
Ms. Madhuri Kakade I.by M/s. Jay and Co. for Intervenor in all
appeals.
Ms. P.P. Shinde - APP for the State.
---------------------
CORAM : SMT. SADHANA S. JADHAV &
N.R. BORKAR, JJ.
RESERVED ON : MARCH 15, 2021.
PRONOUNCED ON : JULY 16, 2021.
JUDGMENT :- (PER SADHANA S. JADHAV, J.)
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ORDER
1. The appeals are allowed.
2. The conviction and sentence imposed upon the
Accused/appellants vide judgment and order dated 23rd August
2016 in Sessions Case No. 26 of 2013 passed by Additional
Sessions Judge-1, Niphad, District-Nashik is hereby quashed and
set aside.
3. The Accused/appellants stand acquitted of all the charges
levelled against them.
4. The Accused/appellants be released forthwith, if not
required in any other offence;
5. Fine amount if paid, be returned to the appellants, as per
rule.
6. The appeals and all connected applications are disposed of
accordingly.
(N.R. BORKAR, J) (SMT. SADHANA S. JADHAV, J)
Varsha 5 of 5
