FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS CR.APPLN/3556/2009 STATE V/S RAHUL 1. The respondents / accused were tried and acquitted for the offence punishable under section 395 of Indian Penal Code by the learned Additional Sessions Judge, Sangamner, on 12.2.2009. 2. With the assistance of learned counsel for the respective parties, we have gone through the impugned judgment and record and proceeding. It is a case of alleged robbery of maize, sown, nurtured and cultivated by the complainant. We have also noticed the alleged date and time of the occurrence. 3. Learned counsel for respondents submits that no case for conviction for the alleged offence has been made out. According to him, the material brought on record by the prosecution is not sufficient to hold the respondents guilty for the said offence. Further according to him, identification of the vehicle in question so also respondents is not established. He questions the veracity of evidence of complainant and eye witnesses. He points out paragraph No.49 of the judgment of the trial Court, which has been perused by us carefully. 4. We have noticed from the material brought on record, the manner in which the occurrence was noticed by the complainant and prosecution witnesses, the manner in which the information was supplied to the police personnel and interception of the pick up van containing the stolen articles. In our view, case for admission of the appeal has been made out. 2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS 5. In the result application is allowed. Leave in favour of the applicant to file an appeal under section 378(1)(b) of the Code of Criminal Procedure. Trial Court is directed to release the respondents on PR bond of Rs. 15,000/- with one surety of like amount each. Action under section 390 of the Code of Criminal Procedure. The learned trial Judge shall secure presence of the respondents once in a quarter, commencing from July 2010, till disposal of the appeal. 6. Appeal stands admitted. (S.S.SHINDE, J.) (S.B.DESHMUKH, J.) Dt.29.6.2010 akl