Amol Madhukar Baviskar vs The State Of Maharashtra
2021 Latest Caselaw 8231 Bom

                                               Cri.Rev.Appln.72-21-Operative Order.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

             CRIMINAL REVISION APPLICATION NO.72 OF 2021
                                 AND
                 CRIMINAL APPLICATION NO.611 OF 2021

 Amol Madhukar Baviskar,
 Age : 38 years, Occ. Labour,
 r/o. Hari Vitthal Nagar, Jalgaon                              ..Applicant

                  Vs.

 The State of Maharashtra,
 Through its Zilla Peth Police Station,
 Jalgaon                                                       ..Respondent

                                  ----
 Mr.V.B.Patil, Advocate for applicant
 Mr.S.N.Kendre, APP for respondent
                                  ----

                                      CORAM : R.G. AVACHAT, J.

DATE : JUNE 21, 2021

OPERATIVE ORDER :-

For the reasons recorded separately in the judgment,

following order is passed:-

(i) The Criminal Revision Application is allowed.

(ii) The impugned judgment of conviction and order of

sentence dated 01.08.2007 passed by learned Judicial

2 Cri.Rev.Appln.72-21-Operative Order

Magistrate, First Class, Jalgaon, in Regular Criminal

Case No.638 of 2004 (RCC) and confirmed by

learned Addl. Sessions Judge, Jalgaon, vide order

judgment and order dated 05.02.2016 in Criminal

Appeal No.70 of 2007, is set aside;

(iii) The applicant is acquitted of the offence punishable

under Section 379 of Indian Penal Code;

(iv) Fine amount, if any, paid by the applicant be

refunded to him;

(v) In view of the above, Criminal Application No.611 of

2021 stands disposed of.

[R.G. AVACHAT, J.]

KBP