1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.463 OF 2009 Devichand Uttamchand Surama .... Applicant Vs. State of Maharashtra & Anr. .... Respondents Mr.R.D. Motkari, Advocate for Applicant Mr. Tushar Sonawane, Advocate for respondent no.2. Mr.Y.S. Shinde, APP, for State CORAM : Smt. R.P. SondurBaldota, J. Date : 21st August, 2009 P.C. : 1. Perusal of the impugned judgment shows that the learned Judge has not discussed the merits and demerits of the case of the applicant as well as the complainant in the impugned judgment. He has also not discussed the evidence led by the parties and sufficiency of the same. In that circumstance, the matter is required to be remanded to Sessions Court for re-hearing the appeal. The Criminal Revision Application is allowed. The order dated 1st July 2009 dismissing the Criminal Appeal No.159 of 2006 is set aside. The appeal is remanded to the District Court for re- hearing. The Sessions Court to hear the appeal and decide the same within the period of eight weeks from today. The learned Sessions Judge to consider the appeal on its own merits. The interim relief granted to the applicant is continued for a period of eight weeks from today. Any 2 further application for continuation shall be filed before the District Court. The respondent is at liberty to withdraw the amount deposited by the applicant in the Court, without any security. (Smt.R.P. SondurBaldota, J.)