IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. CRIMINAL APPLICATION NO. 1348 OF 2009 (Mohammad Shakil Mohammad Khalil VERSUS Ashok S/o Janardan Telap) Mr. C.R. Deshpande, Advocate for the applicant Respondent absent [Refused to accept notice] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1] Heard. Perused judgments of the Courts below. The learned Judge of the appellate Court apparently referred document exhibit 31 for wrong reasons. Besides, it appears that the respondent- accused did not prove his defence even on probabilities. So, it is a fit case for grant of special leave to file appeal. Special leave is granted. Criminal Application is allowed. Appeal is admitted. R & P is already received. Issue fresh notice to the respondent-accused returnable on 19.4.2010. The learned Advocate appearing for the appellant is requested to send a letter, communicating this order directly to the respondent-accused. Sd/- DT. : 19.03.2010 (A.V. NIRGUDE, J.) arp