State applicant applied for leave to appeal acquittal of accused No.5 on ground that no witness identified him in test identification parade. Bench found no such identification in evidence. Application dismissed; leave refused.
Application dismissed; leave to appeal refused.
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PPD
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21-i.ALS.22-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.22 OF 2013 [FOR LEAVE TO APPEAL]
THE STATE OF MAHARASHTRA ..APPLICANT VERSUS SAINATH VASANT BHOIR @ DAMU ..RESPONDENT [ORIG.ACCUSED NO.5]
Mr. H.J. Dedhia, APP, for the Applicant – State.
CORAM : P.V. HARDAS, & A.R. JOSHI, JJ. DATE : 02nd APRIL, 2013
P.C.
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21-i.ALS.22-13.doc
parade. Thus there is no perversity in the reasoning of the trial Court to justify any interference in the appeal against acquittal. There being no merit, therefore, this application is dismissed. Leave refused.
(A. R. JOSHI, J.)
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1 issue framed by the court
Whether Criminal Application for leave to appeal should be allowed when no witness identified the accused in the test identification parade.
The State of Maharashtra
Sainath Vasant Bhoir @ Damu
P.V. Hardas
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
