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M. R. SHAH, C. T. RAVIKUMAR
State of Maharashtra – Appellant
Versus
Mahesh Kariman Tirki – Respondent
| Table of Content |
|---|
| 1. appeal against high court's judgment (Para 1 , 2) |
| 2. parties' positions and consent for remand (Para 3 , 4 , 5) |
| 3. court's directives on remand and merits (Para 6) |
| 4. final order for appeal disposals (Para 7) |
ORDER :
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned common judgments and orders dated 14.10.2022 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal Nos. 136 & 137 of 2017, by which the High Court has allowed the said Appeals preferred by the accused-respondents, the State has preferred the present Appeals.
3. Shri S.V. Raju, learned ASG, has appeared on behalf of the appellant-State of Maharashtra and Shri R. Basant and Ms. Nithya Ramakrishnan, learned Senior Advocates and Mr. Shadan Farasat, learned Advocate have appeared on behalf of the respective accusedrespondents herein.
4. As by the impugned judgment and order, the High Court has discharged/acquitted the accused solely on the ground of invalid sanction and in absence of sanction in the case of one of the accused and the High Court has not at all considered and/or decided the Appeals on merits, learned Senior Advocates/Advocate appearing on b
The seriousness and gravity of the offences for which the accused were convicted by the trial Court, and the failure of the High Court to consider the merits of the trial Court's judgment and order, ....
Points Of Law : Once appeal is entertained against order of acquittal, High Court is entitled to re-appreciate the entire evidence independently and come to its own conclusion - High Court would be j....
(1) Once appeal is entertained against order of acquittal, High Court is entitled to reappreciate entire evidence independently and come to its own conclusion.(2) Against an order of acquittal passed....
Point of law : Sanctioning authority while granting sanction ought to have recorded their satisfaction that on what basis he arrived at the conclusion to grant sanction.
An appellate court must provide a reasoned judgment based on thorough evaluation of evidence, ensuring that acquittals are justified beyond reasonable doubt.
Appellate courts must independently evaluate evidence and provide clear reasoning for decisions, especially in cases affecting personal liberty.
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