Haresh Narendra Gharat vs The State Of Maharashtra
2022 Latest Caselaw 291 Bom

                                                                       924-APEAL-136-13.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DINESH
SADANAND                         CRIMINAL APPELLATE JURISDICTION
SHERLA                                 APPEAL NO. 136 OF 2013
Digitally signed by
DINESH SADANAND
SHERLA
Date: 2022.01.07
19:04:19 +0500        Haresh Narendra Gharat                         ... Appellant
                           V/s.
                      The State of Maharashtra                       ... Respondent
                      (Through Tarapur Police Station)

                                               ----------------
                      Dr. Uday P. Warunjikar, Appointed Advocate for the Appellant.
                      Mr. Sooraj S. Hulke, APP for the Respondent - State.
                                               ----------------

                                            CORAM     :     S.S. SHINDE &
                                                            N.R. BORKAR, JJ.

                                            DATE      :     JANUARY 07, 2022.

                      OPERATIVE ORDER:

For the reasons to be recorded separately, the following

order is passed.

a] Criminal Appeal is allowed.

b] The impugned judgment and order dated

16.10.2012 passed by the Additional Sessions Judge,

Palghar in Sessions Case No. 02 of 2011 is set aside.

c] The appellant Haresh Narendra Gharat is

acquitted of the ofence punishable under Section 302 of

the Indian Penal Code, 1860.

                      Dinesh Sherla                                                           1/2
                                                  924-APEAL-136-13.doc


      d]        The appellant is in jail. He shall be released

forthwith, if not required in any other case.

e] The appellant shall, within three months from his

release, furnish a bail in terms of Section 437 -A of Code

of Criminal Procedure, 1973 in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand) with one surety in the like

amount.

f] The fees of appointed counsel for the appellant is

quantifed at Rs.10,000/-.

        (N.R. BORKAR, J.)                 (S.S. SHINDE, J.)




Dinesh Sherla                                                           2/2