2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2908 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 12.03.2010 1. This is an application for leave to file appeal for enhancement of punishment awarded to respondent Vaibhav for offence punishable under section 323 read with section 506 read with section 34 of the I.P.C. 2. Already appeal against acquittal of offence punishable under section 325 of the I.P.C. is admitted. The Trial Court has awarded sentence of imprisonment for three months and fine for each of the two offences. 3. In view of the fact that the appeal is already admitted in respect of acquittal of the respondent for the offence punishable under section 325 of 2 the I.P.C., in my opinion, this application for leave need not be granted. However, if this Court comes to a conclusion that offence punishable under section 325 of the I.P.C. is proved, definitely, the prosecution will be entitled to seek higher punishment. 4. Therefore, the application does not survive and it is disposed of as such. [P.R. BORKAR,J.] snk/2010/MAR10/cra2908.09