The State of Maharashtra v. Kuldeep Subhash Pawar

Mr. P.S. Hingorani, APP for the State. CORAM : P.D. KODE, J DATE : 5th OCTOBER, 2012. P.C. :

#1. By the said application the State-Appellant has sought leave for assailing the Judgment and Order dated 24 th August, 2011 passed the Learned Judicial Magistrate, First Class, Tasgaon, District Sangli, acquitting the respondent from commission of offence punishable under Section 304, 279, 337, 338 of Indian Penal Code and Section 134 of Motor Vehicles Act vide Section 255(1) of the Code of Criminal Procedure.

#2. The said prosecution was in respect of an accident which had occurred on 1st November, 2009 in which one Balasaheb Mane had succumbed to death and one more person was injured due to rash and negligent driving of the respondent.

#3. Heard.

#4. Arguable points are raised such as lack of cogent reasons for not accepting the testimony of injured PW-1 and not taking into consideration the place at which the vehicle was found after the accident and the incident having resulted into the death of one Balasaheb Mane, who was riding the bicycle and so also the testimony of the independent eye-witness, PW-2.

#5. Hence leave granted.

#6. Admit.

#7. Action be taken under Section 390 of the Cr.P.C. with a direction to the trial court to release the respondent on bail, upon furnishing a P.R bond in the sum of Rs. 25,000/-. [ P.D. KODE, J. ]