Madan Ganpat Bhoi vs The State Of Maharashtra And Ors
2022 Latest Caselaw 1546 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                                      CRIMINAL APPEAL NO.1050 OF 2019


                      Madan Ganpat Bhoi                                  .. Appellant
                            Versus
                      State of Maharashtra and Ors.                      .. Respondents

                                                       ......
                      Mr.Suhas M. Oak i/b. Mr.Sagar A. Joshi, Advocate for the Appellant.
                      Mr.S.V. Gavand, APP for the Respondent No.1-State.
                      Mr.S.A. Shaikh, Advocate for Respondent Nos. 2 to 5.
                                                       ......

                                                      CORAM :    PRAKASH D. NAIK, J.

                                                      DATED :    FEBRUARY 15, 2022.

                      P.C. :

                                   The appellant is the original complainant in C.R.No.I-244

                      of 2014, registered with Nijampura police station, Bhiwandi, District-

                      Thane. The offences were registered against respondent nos. 2 to 5

                      under Sections 324, 504 and 506 read with 34 of Indian Penal Code

                      ("IPC", for short). Respondent nos.2 to 5 were acquitted vide judgment

                      and order dated 30th May, 2019.


         Digitally
         signed by
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
                      2            The appellant/complainant is aggrieved by the judgment
AHER     Date:
         2022.02.17
         16:20:28
         +0530        and order of acquittal, and, hence, preferred this Appeal under

                      Section 372 of Cr.P.C.
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3             Learned counsel for the appellant submitted that the

appellant and others were convicted in a cross case arising out of

same incident vide judgment and order dated 31st May, 2019, passed

by D.J.1 and Additional Sessions Judge, Thane, in Sessions Case No.63

of 2017, for the offences punishable under Sections 325 and 504 of

IPC. The appellant herein and the other accused in the said

proceedings have preferred criminal Appeal No.884 of 2019, which

has been admitted by this Court, and pending for fnal disposal.


4             Considering the fact that there were cross cases and

Appeal preferred by the appellant herein is admitted by this Court,

this Appeal arising out of cross case is required to be admitted and

heard along-with Criminal Appeal No.884 of 2019.


5             Hence, I pass the following order:


                              :: O R D E R ::

(i) Admit;

(ii) Call for record and proceedings;

(iii) To be heard along-with Criminal Appeal No.884 of

2019.

(PRAKASH D. NAIK, J.)