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2025 DAILYLAW 45662 (BOM)

STATE OF MAHARASHTRA THR. PSO PS KUHI DIST. NAGPUR v. VINOD @ PURUSHOTTAM LOBHAJI BHUJADE

APPA/101/2025 · 2025-03-27

Shri Anil S Kilor, Shri Pravin S Patil

Criminal Appealbody2025

Judgment text

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1 908.appa.101.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 101 OF 2025 IN CRIMINAL APPEAL ST.NO. 814 OF 2025 (STATE OF MAH., THR. PSO PS KUHI, NAGPUR ..VS.. VINOD @ PURSHOTTAM L BHUJADE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri.S.S.Doifode, APP for Appellant/State. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATED : MARCH 27, 2025 Heard. 2. The applicant/ appellant/ State of Maharashtra seeks leave to file appeal to challenge the order passed by the learned Special Judge, Nagpur disbelieving the evidence of PW-3 on the ground that he did not take the name of accused No.4 though he was present on the spot of incident and indulged in the act of assaulting the deceased by means of stick. The motive was also, therefore, discarded and not considered by the Trial Court. 3. Considering the submissions and for the reasons stated in the application, leave to file appeal under Section 419 of the Bhartiya Nagarik Suraksha Sanhita (Section 378(3) of the Code of Criminal Procedure) is granted. The Criminal Application is disposed of accordingly. 2 908.appa.101.2025 CRI.APPEALST. NO. 814/2025. Heard. 4. ADMIT. 5. Issue notice to the respondents, returnable after four weeks. 6. Call R & P. 7. Action under Section 390 of the Code of Criminal Procedure shall follow. 8. The learned Sessions Judge shall release the respondents on bail on their furnishing P.R. Bond of Rs.Fifteen Thousand each with one surety in the like amount for each of the respondent. (PRAVIN S. PATIL, J) (ANIL S. KILOR, J.) RRaut./Trupti