- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2322 OF 2009 in CRIMINAL APPEAL NO. OF 2009 The State of Maharashtra ... Applicant vs Mangesh Ashok Kutchekar & 3 ors ... Respondents Mr.J.P.Yagnik A.P.P.for Applicant-State Mr.Mateen Shaikh for Respondent no.1 ... CORAM: B.H.MARLAPALLE & MRS.MRIDULA BHATKAR,JJ DATE: 22nd M arch, 2010 P.C. 1. The learned A.P.P.states that respondent no.3 is no more and therefore, the appeal stands abated against original accused no.3. 2. Leave to appeal under section 378 (3) of the Code of Criminal Procedure is hereby granted against respondent nos. 1 and 2. Mr.Mateen Shaikh waives service for respondent no.1. 3. Action under section 390 of the Code of Criminal Procedure to be taken by the concerned Sessions Court. - 2 - 4. Accused/respondent nos.1 and 2 shall remain present before us on 28th April, 2010. B.H.MARLAPALLE, J MRS.MRIDULA BHATKAR, J - 3 -