This application by the State sought leave to appeal an acquittal under Section 302 IPC. The Bombay High Court at Nagpur granted leave, admitted the appeal, and directed the trial court to issue a bailable warrant.
Criminal Application allowed; leave to appeal granted; appeal admitted; bailable warrant directed.
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.
1
FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR
CRIMINAL APPLICATION (APPA) NO. 78 of 2012.
The State of Mah. through P.S.O.P.S.Ghuggus, Tq. And Distt.Chandrapur.
..vs..
Bhaskar @ Suraj Raimallu Kalwal
-=-=-=-=-=-=-=-=-=-=-=-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders or directions & Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr.T.A.Mirza, APP for the applicant/State.
C ORAM: P.V.HARDAS AND
M.L.TAHALIYANI, JJ. DATED : 16th JULY, 2012.
By this application, the applicant/State seeks leave to file Appeal against the judgment of the Additional Sessions Judge, Chandrapur dated 17th of November, 2011 in Sessions Trial No.87 of 2010 acquitting the respondent for an offence punishable under Section 302 of the Indian Penal Code.
We have heard the learned Additional Public Prosecutor and we have also perused the findings recorded by the Trial Court. We have also perused the evidence from the record and proceedings which have been made available for our perusal. Upon such perusal, according to us, this is a fit case for granting leave. Accordingly, Criminal Application No.78 of 2012 is allowed and leave as prayed for is granted. Appeal stands admitted.
Action under Section 390 of the Criminal Procedure Code be
2
taken by the Trial court by issuing Bailable Warrant for Rs.15,000/against the respondent.
JUDGE JUDGE.
chute
2 issues framed by the court
Whether leave to file an appeal against the acquittal of the respondent under Section 302 IPC should be granted.
Whether action under Section 390 CrPC by issuing a bailable warrant should be ordered against the respondent.
2 provisions across 2 enactments
The State of Maharashtra through P.S.O.P., S. Ghuggus, Tq. and Distt. Chandrapur
Bhaskar @ Suraj Raimallu Kalwal
P.V.HARDAS
M.L.TAHALIYANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
