Leave granted to admit the criminal application. Directions issued for call of record, issuing notice to the respondent, and undertaking action under Section 390 CrPC during the interim period.
Leave granted to admit. Notice to respondent directed. Action under CrPC 390 directed. Case treated as Memo of Appeal.
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.
17-ALS-26-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.26 OF 2016
THE STATE OF MAHARASHTRA
)...APPLICANT
V/s.
AVINASH MOHAN SHINDE
)...RESPONDENT
Ms.V.S.Mhaispurkar, APP for the Applicant – State.
None for the Respondent.
CORAM : A. M. BADAR, J. DATE : 4th JANUARY 2017.
P.C. :
1 Heard the learned APP. None appeared for the
respondent. Perused the impugned judgment and order of acquittal as well as the evidence of complainant – Maruti Shinde and that of PW4 Rajesh Chavan. According to the prosecution
case, the respondent / accused had demanded and accepted illegal gratification amounting to Rs.5,000/- as a motive or reward
for not seizing the motorcycle and 2.5 tolas of golden ornament which were subject matter of the crime.
avk 1/2
17-ALS-26-2016.doc
Prima facie, evidence of complainant and the panch
witnesses shows demand and acceptance of illegal gratification.
Hence, leave as prayed is granted.
2 Admit. Call for Record and Proceedings. Notice to
respondent.
3 In the meanwhile, action under Section 390 of the
Code of Criminal Procedure before the trial court.
4 The application be treated as Memo of Appeal.
(A. M. BADAR, J.)
avk 2/2
1 provisions across 1 enactments
The State of Maharashtra
Avinash Mohan Shinde
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
