1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3637 OF 2009 IN CRIMINAL APPEAL NO. OF 2009. The State of Maharashtra. ... ... Applicant. Versus Arvind Laxman Bhilare. ... ... ... Respondent. Ms. P. H. Kantharia, APP for the Applicant. None for the Respondents. CORAM : J. N. PATEL and A. A. SAYED, JJ. DATED : 17TH DECEMBER, 2009. P. C.: Heard. Leave to file appeal granted. 2. The application for leave to file appeal is, accordingly, allowed. 3. Admit. 4. The appeal against acquittal is admitted only on the point as to whether the prosecution has proved the case against the respondents/original accused under Section 304(II) of the Indian Penal Code. 5. Action under Section 390 of the Criminal Procedure Code be taken. Sd/- (J. N. PATEL, J.) Sd/- (A. A. SAYED, J.)