1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 489 OF 2006 CRIMINAL APPEAL NO. 489 OF 2006 CRIMINAL APPEAL NO. 489 OF 2006 Dilawar Mohammed Hussain Naisargi, ] Age : 30 years, ] Occ.: Barber ] Appellant R/o : Suvarna Laxmi Hsg. Society, ] (Ori. accused Sant Tukaram Nagar, Pimpri, ] No. 1) Pune. ] Vs. The State of Maharashtra ] Respondent (Through Chatushrungi Police ] (Ori. Station) ] Complainant) WITH WITH WITH CRIMINAL APPEAL NO. 490 OF 2006 CRIMINAL APPEAL NO. 490 OF 2006 CRIMINAL APPEAL NO. 490 OF 2006 Mahesh Devidas Pol, ] Age : 29 years, ] R/o : Ganaraj Residency, ] Appellant Block No. 34, Sector 16, ] (Ori. accused Chikhali, Pradhikaran, ] no. 2) Pune ] Vs. The State of Maharashtra ] Respondent (Through Chatushrungi Police ] (Ori. Station. ] Complainant) WITH WITH WITH CRIMINAL APPEAL NO. 491 OF 2006 CRIMINAL APPEAL NO. 491 OF 2006 CRIMINAL APPEAL NO. 491 OF 2006 Mahendra Rajendra Thakur ] Age : 34 years ] Occ.: Driving ] Appellant R/o : Sharada Niwas, ] (Ori.accused Beside Chitale Shop, ] no. 3) Mangal Nagar, Wakad Road, ] Pune ] Vs. 2 The State of Maharashtra ] Respondent (Through Chatushrungi Police ] (Ori. Station) ] Complainant) Mr. Abhyankar Apte for the Appellants Mr. D.P. Adsule, APP for the Respondent. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. CORAM : J.H. BHATIA, J. DATE : 7TH JUNE, 2007 . For the reasons recorded separately in the Judgment, following order is passed. O R D E R 1) The appeals are partly allowed while the conviction of accused nos. 1 to 3 / appellants in these three appeals for the offence punishable under Section 489 (C) r/w 34 Indian Penal Code is maintained. The sentence is reduced to the R.I. as already undergone and if they are not required in any case, they be released forthwith. ( J.H. BHATIA, J.) ( J.H. BHATIA, J.) ( J.H. BHATIA, J.) 3 ......