Ramesh Komthi Madavi And Anr vs The State Of Maharashtra
2022 Latest Caselaw 4191 Bom

                                                                                                        18-apeal-1159.12.doc



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CRIMINAL APPELLATE JURISDICTION
                                                       CRIMINAL APPEAL NO.1159 OF 2012

                                     1. Ramesh Komthi Madavi,
                                        Age : 21, Occu. : Labourer.
                                     2. Suresh Pakhari Madavi,
                                        Age : 22 , Occu. : Labourer,

                                          Both R/at Dasave Tal. Mulshi,
                                          Dist. Pune
                                         (Presently at Yerwada Central Prison)             ... Appellants (Orig.
                                                                                             Accused Nos.1 and 2)
                                     V/s.
                                     The State of Maharashtra                              ... Respondents
                                                                    -------------------
                                     Mr. Chaitanya Sakhare, Advocate for the Appellants.
                                     Ms. M.M. Deshmukh, APP for the Respondent - State.
                                                                   ---------------------
                                                            CORAM : SMT. SADHANA S. JADHAV &
                                                                    MILIND N. JADHAV, JJ.
                                                               DATE : 20th APRIL 2022.
                                     P.C. :


                                    1.           For the reasons to be recorded separately, we pass the

                                    following order :-

                                                                       ORDER

(i) Appeal is allowed;

(ii) Conviction and sentence recorded by the Additional Digitally signed by PALLAVI

Sessions Judge, Pune vide judgment and order dated 23 rd MAHENDRA PALLAVI WARGAONKAR MAHENDRA WARGAONKAR Date:

2022.04.20 17:38:34 +0530

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February 2012 in Sessions Case No.830 of 2008 is hereby

quashed and set aside;

(iii) Appellant No.2/ Original Accused No.2 be released

forthwith, if not required in any other offence;

(iv) Bail Bonds of Appellant No.1/ Original Accused No.1 stand

cancelled;

(iv) Learned counsel Mr. Sakhare was appointed to espouse the

cause of the appellants. He is entitled to the professional

fees in the sum of Rs.15,000/- to be paid by the High Court

Legal Aid Committee within three months from today;

(v) Fine amount, if paid, be refunded;

(vi) Appeal is disposed of accordingly.

      (MILIND N. JADHAV, J)               (SMT. SADHANA S. JADHAV, J)




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