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2015 Supreme(Bom) 1308

ABHAY M.THIPSAY
State of Maharashtra – Appellant
Versus
Mohammad Yasin Mohammad Ibrahim Shaikh – Respondent


Advocates:
Advocate Appeared:
Mr. Deepal Thakre, APP for the Applicant – State.

ORDER :

1. Respondent Nos.1 to 22 herein were prosecuted on the allegation of their having committed the offences punishable under Section 143 IPC, Section 148 IPC, Section 225 IPC, Section 332 IPC, Section 333 IPC, Section 342 IPC, Section 427 IPC, Section 421 IPC read with Section 149 IPC, and Section 3(2) of the Prevention of Damage to Public Property Act, 1984, and Section 135 of the Bombay Police Act. Respondent no.23 was also an accused in the said case, but he reportedly absconded during the trial, and as such, the trial against him could not proceed. The Adhoc Assistant Sessions Judge at Sewree, Mumbai, after holding a trial, came to the conclusion that respondent nos.1 to 22 were not guilty of any of the alleged offences and acquitted them. The State of Maharashtra, being aggrieved by the said order of acquittal, has approached this court seeking leave to appeal from the said judgment and order of acquittal.

2. I have heard Mr.Deepak Thakre, the learned APP, in support of the application. I have gone through the application. I have carefully gone through the impugned judgment and glanced through the notes of evidence, a copy of which is annexed to the application.

3 The pro









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