1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 731 OF 2010 The State of Maharashtra ...Applicant Versus 1 Dnyanoba s/o Piraji Samukhrao 2 Pavan s/o Shrirang Aagale 3 Sachin s/o Pandurang Aagale ...Respondents ..... Mr. V.D. Godbharle, A.P.P. for the applicants None for the respondents though served ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED: 16TH AUGUST, 2010 PER COURT:- 1 We heard learned A.P.P. for the applicant-State. Notice issued by this court has been duly served on all respondents. None appears for the respondents. 2 Respondent No.1 was charged and tried for the offence punishable under Section 376 of I.P.C. All of them were charged and tried for the offences punishable under Sections 363 and 366-A r.w. 34 of I.P.C. At the end of trial, the trial court acquitted all respondents for 2 the offences with which they were charged and tried. We have seen the judgment of the trial court. After hearing learned A.P.P., in our opinion, case for granting leave to file appeal against the respondent No.1 Dnyanoba for the offence punishable under Section 376, 363, 366-A r.w. 34 of I.P.C. is established. So also the case for grant of leave to file appeal against the respondent No.3 Sachin Pandurang Aagale for the offences punishable under Sections 363 and 366-A of I.P.C. r.w. 34 of I.P.C. with original accused No.1 Dnyanoba is also established. We have seen the material brought on record. 3 With the assistance of learned A.P.P. appearing for the applicant, we have seen the evidence brought on record against the respondent No.2 Pavan Shrirang Aagale, who was charged for the offence punishable under Section 363 and 366-A r.w. 34 of I.P.C. In our view, there is no material for granting leave against the respondent No.2 Pavan Shrirang Aagale for the offences punishable under Sections 363 and 366-a r.w. 34 of I.P.C. In other words, we are not inclined to consider the application against respondent No.2. We are inclined to grant leave to file appeal against the respondent No.1 Dnyanoba s/o Piraji Samukhrao for the offences punishable under Section 376, 363 and 366-A r.w. 34 of I.P.C. and against the respondent No.3 Sachin Pandurang Aagale for the offence punishable under Sections 363 and 366-A r.w. 34 of I.P.C. 3 4 Criminal application stands rejected as against respondent No.2 Pavan Shrirang Aagale under Section 378(1) (b) of Cr.P.C. In other words, his acquittal recorded by the trial court is confirmed. 5 Leave to file appeal against respondent No.1 Dnyanboa s/o Piraji Samukhrao for the offence punishable under Sections 376, 363 and 366-A r.w. 34 of I.P.C. is granted. Leave to file appeal is also granted against the respondent No.3 Sachin Pandurang Aagale for the offence punishable under Sections 363 and 366-A r.w. 34 of I.P.C. Respondent No. 1 Dnyanoba s/o Piraji Samukhrao and respondent No.3 Sachin Pandurang Aagale shall be arrested and release on bail by the learned Principal District and Sessions Judge, Latur on their furnishing P.R. bond of Rs.15,000/- each with one surety in the like amount. Respondent Nos. 1 Dnyanoba and respondent No.3 Sachin shall attend the court of learned Principal District and Sessions judge, Latur once in a quarter. The said date shall be fixed by the learned Principal District and Sessions Judge, Latur. Such quarter shall start from 1.9.2010. 6 Treat this application as criminal appeal and register the same. ( S. S. SHINDE. J.) (S.B. DESHMUKH, J.) rlj/ 4