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2025 DAILYLAW 18367 (BOM)

THE STATE OF MAHARASHTRA v. ANIL ALIAS VHILAN SHIVAJI GADEVE AND OTHERS

ALS/84/2024 · 2025-01-30

Shri Neeraj P Dhote, Shri R G Avachat

Criminal Appealbody2025

Judgment text

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Cri.Appeal No.463/2024 :: 1 :: IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.463 OF 2024 Sunil Anna Dhage … APPELLANT VERSUS The State of Maharashtra & ors. … RESPONDENTS ....... Mr. S.J. Sarkate, Advocate for petitioner Mr. N.S. Tekale, A.G.P. for State ....… WITH APPLN. FOR LEAVE TO APPEAL BY STATE NO.84 OF 2024 The State of Maharashtra … APPLICANT VERSUS Anil Alias Vhilan Shivaji Gadeve & ors. … RESPONDENTS ....... Mr. N.S. Tekale, A.G.P. for applicant - State ....… CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ. DATE : 30th JANUARY, 2025 O R D E R : The application for leave to appeal by the State and the appeal by the victim are against the judgment and order dated 9/11/2023, passed by learned Additional Sessions Cri.Appeal No.463/2024 :: 2 :: Judge, Aurangabad in Sessions Case No.112/2022, acquitting the respondents for the offences punishable under Sections 307, 201 read with Section 34 of the Indian Penal Code. 2. Heard learned Advocate for the appellant in the appeal – victim and learned A.P.P. for in the application for leave to appeal by the State. Perused the testimony of the victim. Also perused the medical papers. 3. Issue notice to respondents in Criminal Appeal No.463/2024, returnable on 13th March 2025. 4. Leave is granted to the State to file appeal against acquittal. Application for ALS No.84/2024 is allowed. Appeal be registered. After registering the appeal, issue notice to respondents in appeal, returnable on 13th March 2025. 5. Action under section 390 of the Code of Criminal Procedure shall follow before the Trial Court. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-