Bombay High Court
The State Of Maharashtra Through Ps ... vs Ankit Kishor Ghate on 6 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
1 913.appa.702.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION NO.702 OF 2024
State of Maharashtra
..vs..
Ankit Kishor Ghate
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Pathan, Additional Public Prosecutor for the State.
CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : 06/08/2024.
Heard.
2. The prosecution is seeking for leave to file an
appeal raising the challenge to acquittal order passed in
Sessions Trial No.96/2017 dated 10.05.2024 rendered by
the Additional Sessions Judge, Achalpur whereby the sole
accused was acquitted form the charge punishable under
Section 302 of the Indian Penal Code.
3. Learned Additional Public Prosecutor took us
through the impugned judgment to impress that despite
the evidence of three consistent eye-witnesses, seizure of
weapon, finding of blood stains on the weapon and
clothes, the Trial Court has acquitted the accused.
4. It is submitted that the informant Prakash Jawre
is the injured witness, who has deposed about the actual
assault. We have also been taken through the portion of
the impugned judgment to indicate that besides PW3
informant Prakash Jawre, PW-4 Prakash Kutafale and
PW-5 Sanjay Punekar are the eye-witnesses, who stick up
2 913.appa.702.2024
the prosecution case during the trial.
5. Our attention has been invited to paragraph 42
of the judgment pertaining discovery at the instance of
the accused. Moreover, particularly, it is pointed out that,
blood group of deceased was found on the seized
weapon and clothes from the accused. Learned A.P.P.
would submit that within 3 to 4 hours from the incident,
the FIR has been registered with a specific act of the
accused.
6. In view of the above, certainly the matter
requires reconsideration.
7. Hence, the application is allowed and disposed
of. Leave is granted to file an appeal.
CRIMINAL APPEAL ST. NO.5929 OF 2024
Heard. ADMIT.
2. Action under Section 390 of the Code of
Criminal Procedure shall follow.
3. The Trial Court shall release the
respondent/accused Ankit Kishor Ghate on bail on his
furnishing PR bond of Rs.10,000/-with one surety in the
like amount.
4. Call for the Records and Proceedings.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Trupti
Date: 07/08/2024 10:48:32
