Bombay High Court
State Of Maharashtra Thr. P.S. Deoli, ... vs Sheikh Chand Sheikh Lal(Res. Is Ori. ... on 1 February, 2019
Author: V. M. Deshpande
Bench: V.M. Deshpande
1 010219appa1244.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 1244 OF 2018
IN
CRIMINAL APPEAL NO. OF 2019
STATE OF MAH., THRU. P.S.O., P.S., DEOLI, DIST. WARDHA
VERSUS
SHEIKH CHAND SHEIKH LAL
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. A. M. Joshi, A. P. P. for the applicant/State
Mr. S. Raisuddin, Advocate for the non-applicant.
CORAM : V. M. DESHPANDE, J.
DATE : FEBRUARY 01, 2019.
Heard Mr. A. M. Joshi, the learned Additional Public Prosecutor for the applicant-State and Mr. S. Raisuddin, the learned counsel for the non-applicant. Also perused the impugned judgment by which the learned Chief Judicial Magistrate, Wardha has acquitted the respondent for the offences punishable under Sections 279, 338 and 304-A of the Indian Penal Code.
In a vehicular accident, two persons have lost their life. Admittedly, the respondent was driving the vehicle. The defence of the respondent was that the tyre was burst and therefore, the non-applicant/driver lost control. There is nothing on record to show that the tyre was found to be burst. Therefore, leave is granted to the State to file appeal.
ADMIT.
::: Uploaded on - 01/02/2019 ::: Downloaded on - 02/02/2019 03:19:05 :::2 010219appa1244.18.odt Since the counsel for the respondent is appearing, there shall be no action under Section 390 of the Code of Criminal Procedure.
JUDGE Diwale ::: Uploaded on - 01/02/2019 ::: Downloaded on - 02/02/2019 03:19:05 :::