VILAS S/O. BHASKAR DARADE AND OTHERSversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:40368




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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                      916 CRIMINAL REVISION APPLICATION NO. 279 OF 2019

                              VILAS S/O. BHASKAR DARADE AND OTHERS
                                               VERSUS
                                    THE STATE OF MAHARASHTRA
                                                WITH
                               CRIMINAL APPLICATION NO. 2701 OF 2019
                                          IN REVN/279/2019

                              VILAS S/O. BHASKAR DARADE AND OTHERS
                                              VERSUS
                                    THE STATE OF MAHARASHTRA

              Mr.V.A.Dhakne, Advocate for the Applicants.
              Mr.A.A.A.Khan, APP for the Respondent/State.

                                  ( CORAM : SUSHIL M. GHODESWAR, J. )

                                       DATE : 1st SEPTEMBER, 2026

              PER COURT :


              1.             Heard the learned Advocate for the Applicants and the

              learned APP for State.



              2.             The Applicants are challenging the order passed by the

              learned Sessions Judge wherein the learned Sessions Court was pleased

              to maintain the conviction, however, released the Applicants by giving

              the benefit of Probation of Offenders Act.   According to the learned


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Advocate for the Applicants, the learned Sessions Court as well as the

Trial Court has not considered the evidence in proper perspective.     He

submits that the prosecution tries to justify it’s case on the basis of

testimony of witnesses, who have not coroborated to each other.        He,

therefore, submits that by going through the evidence brought before

the Trial Court, the conviction cannot be based. As such, the Trial Court

as well as the Appellate Court were required to acquit the Applicants.

He further submits that the learned Courts below have given weightage

to the irrelevant material and failed to consider that the prosecution has

not proved it’s case beyond reasonable doubt.



3.             Per contra, the learned APP strongly opposed the revision

application. According to him, the evidence brought before the Trial

Court is sufficient to convict the Applicants for the offences as charged

against them.       He submits that the order passed by the learned Sub

Ordinate Courts is correct and proper and requires no interference. He,

therefore, prays for dismissal of the Criminal Revision Application.



4.             After hearing the learned Advocates for the parties, it

reveals that the case of the prosecution based upon the report lodged by


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the PI     Ramakant Dhondiba Panchal on the ground that P.W.No.1

Anandrao Khade and P.W.No.5 Raju Gulab Desai went to execute the

NBW issued against Applicant No.7 namely Bhaskar Darade. At that

time, the Applicants have formed the unlawful assembly, have assaulted

P.W.Nos.1 and 5 and also prevented the public servants from performing

official duty. On the basis of the complaint, the Applicants came to be

prosecuted for the offences charged against them.



5.             During the course of evidence, the prosecution has

examined in all 7 witnesses.      P.W.No.1 Anandrao Khade and P.W.No.5

Raju Gulab Desai turned hostile, P.W.No.2 Ramhari panch witness also

turned hostile.     The prosecution sought to prove his case on the basis

of evidence of PI.     In that view of the matter, since the independent

witnesses have turned hostile, the conviction cannot be based merely

on the basis of evidence of Police Constable, who was alongwith the

team to execute NBW against accused No.7. Both the orders passed by

the learned Sub-ordinate Courts have been perused.          It discloses non

consideration of evidence in proper perspective. The evidence is not

sufficient to base conviction of all the accused persons.




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6.             In that view of the matter, the conviction order passed by

the Trial Court as well as the Appellate Court deserves to be quashed

and set aside. Hence, I pass the following order :-

       Criminal Revision Application is allowed.        The Applicants are

acquitted from all the offence levelled against them.

       In view of order passed above, Cri.Application No.2701/2019

does not survive, hence also disposed of.




                                         ( SUSHIL M. GHODESWAR, J.)




khs/Sept.2026/279