crapln2691.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINALAPPLICATION NO.2691 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned APP for the applicant / State and learned Counsel for Respondent. 2 Perused two dying declarations (Exhs.36 and 42) of the deceased Kalpana. Upon perusal of the dying declarations, prima facie, I am of the opinion that Respondent No.1 Yashwant Shamrao Shirsath - husband of the deceased is implicated and overt act has been attributed in both the dying declarations. However, so far as respondent No.2 Smt. Ratnamala crapln2691.10 2 Hansraj Shirsath is concerned, there is no mention about her in the dying declaration at Exh.36 and in the dying declaration at Exh.42, it is only mentioned there was also harassment at her instance. Except that, no any specific overt act is attributed to respondent No.2. 3 After considering the dying declarations, I am of the opinion that case is made out grant leave to appeal against respondent No.1 Yashwant Shamrao Shirsath only and not against the respondent No.2. 4 Hence, application is partly allowed. Leave to appeal is granted as against respondent No.1 Yashwant Shamrao Shirsath. The application is rejected as crapln2691.10 3 against respondent No.2. Registry to register appeal against Respondent No.1 only. Application stands disposed of, accordingly. Appeal is admitted against Respondent No.1 Yashwant Shamrao Shirsath. The Counsel for respondent submits that since he is appearing for respondent, action u/s 390 of Cr.P.C. may not be taken. The APP insists for action u/s 390 Cr.P.C. Hence, respondent Yashwant Shamrao Shirsath be released on same bail, fresh bonds before the trial Court. (S.S. SHINDE, J.) 09.02.2011. PLK/*