1 APPLN.1193-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1193 OF 2011 Mohammed Hussain Shahabuddin Patel ..Applicant. Vs. Liyakat Sharif Khan & Ors. . ...Respondents. ---- Mr. R.D. Suryavanshi, for the applicant. Mrs. P.H. Kantharia, AP.P. for the State. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATED : NOVEMBER 16, 2011. P.C.:- 1 Heard. 2. This application for leave to file an appeal is filed by the original complainant. It is submitted by the learned counsel for the applicant that the trial court has acquitted the original accused nos.2 to 4 without taking into consideration the material evidence which is on record i.e. the evidence of PW Nos.2,3,5,6 and 10. He has invited our attention to paragraph 64 of the impugned judgment dated 29.8.2011. 2 APPLN.1193-2011 3. We have perused the observations made by the trial court in the said judgment. It is obvious that while exonerating the said accused nos. 2 to 4, no reference is made to the evidence on record. Hence, in our view this is a fit case to grant leave to file appeal. 4. Leave is granted. Appeal is admitted. Action be taken under Section 390 of Cr. P.C. 5. Respondent Nos.1 to 3 be released on bail on execution of P.R. bond in the sum of Rs.5000/- with one or two sureties in the like amount. Office to tag this Criminal Appeal along with Criminal Appeal No.1344 of 2011. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)