1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 2993 OF 2009 The State of Maharashtra ..APPLICANT VERSUS Manoj s/o Baburao Tane & ors. ..RESPONDENTS Mr V. D. Godbharle, A.P.P. for the applicant. CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 21st November, 2009 PER COURT : The acquittal of the respondents for offence punishable under section 147, 148, 302, 335 and 342 read with section 149 of the Indian Penal Code, by the Additional Sessions Judge, Basmathnagar, by judgment dated 2.5.2009, in Sessions Case No.31 of 2004 (old number Sessions Trial No.139 of 2003), is challenged by the applicant by filing the present application seeking leave to file appeal against acquittal. 2. We have heard learned A.P.P. for the applicant - State, with whose assistance we have perused the findings recorded by the Trial Court. On such perusal we are of the considered opinion that the acquittal of the respondents cannot be justified. We are, therefore, of the opinion that this application deserves to be allowed. We hasten to add that the above finding is restricted to the decision of this application and should not be 2 construed as any finding on merit. 3. Accordingly, Criminal Application No.2993 of 2009 is allowed. Leave granted. Appeal admitted. Action under section 390 of the Code of Criminal Procedure be taken by the Trial Court by issuing bailable warrant of Rs.10,000/- each against the respondents. ( A.V. NIRGUDE, J.) ( P.V.HARDAS, J.) amj/criap2993.09