Lodged under Section 378(3) CrPC for leave to appeal against acquittal. Bench reviewed prior order finding no case for one accused. After perusing fresh depositions and FIR regarding second accused, found insufficient case. Application rejected.
Leave to appeal against acquittal refused; application rejected in its entirety.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO. 512 OF 2003 (Against Acquittal)
The State of Maharashtra
..Applicant
Vs.
Khali @ Khalid Ahmed Gulam Shaikh and anr. ..Respondents
Smt. V.R. Bhosale, APP for applicant-State. Mr. M.S. Mohite for respondent no.2.
CORAM: B.H.MARLAPALLE & R.Y. GANOO, JJ.
November 18, 2009.
P.C.
This application has been filed under Section 378 (3) of Cr.P.C. for seeking leave to appeal against the acquittal of accused nos.2 and 3 (who are respondent nos.1 and 2) in Sessions Case No. 23 of 1999, 807 of 1999 and 313 of 2000. All these three cases were decided by a common judgment dated 29/11/2000 and accused nos.2 and 3 came to be acquitted of the offences punishable under Section 302 read with Section 34 and Section 120-B of IPC. In our order dated 14/10/2009 we had recorded our finding that there was no case made out to grant leave to appeal against accused no. 2. So far as accused no.3 is concerned, we wanted to peruse the depositions of PW 3 and PW 5 along with the F.I.R. as the learned APP had relied upon the same in support of his submission that there was a case to grant leave to appeal against the said accused.
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R & P has been received and we have gone through the depositions of
PWs 3 and 5. We have also perused the FIR at Exh. 12. We are satisfied that there is no case made out to grant leave to appeal against accused no.3, as well and, therefore, this application must fail in its entirety.
Leave to appeal is refused and the application is rejected.
(R.Y. GANOO,J.) (B.H.MARLAPALLE,J.)
1 issue framed by the court
Whether leave to appeal against acquittal should be granted under Section 378(3) CrPC.
3 provisions across 2 enactments
The State of Maharashtra
Khali @ Khalid Ahmed Gulam Shaikh
B.H.Marlappalle
R.Y.Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
