(1) CRI.APP. 489.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 489 OF 2010 The State of Maharashtra .. Applicant VERSUS Martin Roy Fredric George Edward .. Respondent ... Mrs. B.R. Khekale, APP for the applicant-State Mr. S.S. Deshmukh, Advocate for the respondent ... CORAM : V.R. KINGAONKAR, J. DATED : 5TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for grant of leave to Appeal against the judgment of acquittal rendered by the Special Judge in Special Case no. 33 of 2007. 2. Heard learned APP Smt. Khekale and learned Advocate for the respondent. 3. Perusal of the impugned judgment shows that the learned Special Judge considered delay in lodging of the FIR. The FIR was lodged at 22.15 hrs. i.e. after about 9-10 hours of the incident. However, the complainant gave information to the effect that he (2) CRI.APP. 489.2010 was required to seek permission of the superior officer and, therefore, the delay was caused. The learned Special Judge noticed that certain complaints were made by the respondent against the informant. The learned Special Judge, therefore, reached the conclusion that the FIR might have been lodged due to the ill-will and the incident might have been blown out of proportion with a view to victimize the respondent. Such inference drawn by the learned Special Judge seems to be without any foundation. Needless to say the acquittal appears to be based on surmises. 4. Considering these aspects, leave to Appeal is granted. Application disposed of. 5. Admit the Appeal. Sd/- [V.R. KINGAONKAR, J.] arp