In a criminal appeal challenging acquittal of three individuals attributed no specific role in the fatal incident, this court dismissed the appeal and ordered cancellation of the bail bonds.
Appeal dismissed; bail bonds of original accused Nos. 1, 4 and 5 cancelled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 579 OF 1989
State of Maharashtra ]..Appellant
versus
1. Anwar Ahamad Yunus Momin ]..Respondents
2. Malik Ahammad Gulam Mustafa ](Ori. Accused
3. Ayyaa Ahammad Abdul Kadir ] Nos.1, 4 & 5)
Mr. P. S. Hingorani, APP for the Appellant -
State.
Mr. Firoz Ansari for the Respondent No.1.
Mr. P. M. Pradhan for the Respondent No.2.
None for the Respondent No.3.
CORAM : D. G. DESHPANDE, &
SMT. NISHITA MHATRE, JJ.
DATE : 22ND MARCH, 2007.
ORAL ORDER.
1. Heard learned APP for the Appellant - State
and Counsel for the Respondent Nos. 1 and 2.
2. There were two Appeals along with this
Appeal. The appellants or the accused in those
matters died and those appeals abated.
3. After going through the record and hearing
the parties, it is clear that the fatal blows were
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given to the victim by the accused whose appeals
have been abated. There is no specific role
attributed to accused Nos. 1, 4 and 5 and they
cannot be held responsible for the death of victim.
The trial court rightly acquitted them. There is no
merit in this Appeal. It is dismissed. Bail bonds
of the respondents - original accused Nos. 1, 4 and
5 stands cancelled.
(SMT. NISHITA MHATRE, J.) (D.G. DESHPANDE, J.)
1 issue framed by the court
Whether the appellants are entitled to reversal of acquittal of respondents attributed no specific role in the fatal incident.
State of Maharashtra
Anwar Ahamad Yunus Momin
Malik Ahammad Gulam Mustafa
Ayyaa Ahammad Abdul Kadir
D. G. DESHPANDE
NISHITA MHATRE
As recorded by the court registry
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