FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.111 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ We heard learned A.P.P. Mr. Shaikh for the applicant and learned Counsel Mr. Suraj Gundre for respondent. 2 The respondent along with three co-accused persons was tried for offences punishable under Section 498A, 302 r.w. 34 of I.P.C. The trial Court acquitted all four accused persons in Sessions Case No.71 of 2008 by judgment and order recorded on October 16, 2009. Even though there were four accused persons including the present respondent, the State filed this Criminal Application seeking leave of this Court to appeal only against the present respondent, who was accused No.1 in the Sessions Trial. 3 With the assistance of the learned Counsel for the parties, we have gone through the record and proceedings available to us. It is not in dispute that the respondent Hari Lalu Jadhav was married to Renuka seven years prior to the date of incident. The date of incident is January 23, 2008. The respondent has taken defence in the trial Court that at the time of occurrence, deceased Renuka sustained attack of epilepsy, fell on iron bar of the cot and sustained injury. According to him, this injury ultimately led to her demise. The learned Counsel for respondent submitted that initially, accidental death was registered and after lodging report by father of the deceased, the offence was registered against the accused. 4 The learned A.P.P. Mr. Shaikh points out the observation of the trial Court while recording acquittal against the present respondent. In our view, case for grant of leave to appeal against respondent sole is established. 5 Criminal Application is allowed in terms of prayer clause (B). Action under Section 390 Cr.P.C. To follow. The learned Principal District & Sessions Judge, Latur shall ensure presence of the respondent once in a quarter, commencing from July, 2010. Respondent shall be released on furnishing bond of Rs.15,000/- with one surety in the like amount. (S.S. SHINDE, J) (S.B. DESHMUKH,J) 14.06.2010. kadam/*