The State of Maharashtra v. Ajay Manik Shinde and Ors.
Case brief
What is this about?
This application to file a criminal appeal was rejected. The court upheld the acquittal of respondents charged with murder and arms offenses, finding the Sessions Judge's view reasonable despite the absence of eyewitnesses, citing established principles that appellate courts cannot substitute their findings for reasonable trial court views.
What did the court decide?
Application for leave to appeal rejected; leave to appeal refused.
What the court decided
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPLICATION NO.664 OF 2007
[Leave to Appeal]
IN
APPEAL NO. OF 2007
The State of Maharashtra ..Applicant
Vs.
Ajay Manik Shinde and 3 Ors...Respondents
...
Mr.A.S.Gadkari APP for the Applicant-State
Mr.Sachin Thombare for Respondent Nos.1 to 4
...
CORAM: R.M.S.KHANDEPARKAR, AND
SMT.V.K.TAHILRAMANI, JJ.
DATE : SEPTEMBER 11, 2007
P.C.[PER SMT.V.K.TAHILRAMANI,J.]:
1. Heard the learned APP for the State.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the Sessions Judge's view of acquittal when no eye witnesses implicated the respondents.
Whether a non-pervasive finding of acquittal warrants interference in an appeal for leave to appeal.
Parties & counsel
- applicant
The State of Maharashtra
- respondent
Ajay Manik Shinde
- respondent
3 Ors.
Coram
Case details
As recorded by the court registry
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