1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4059 OF 2009 The State of Maharashtra .. Applicant (Original Complainant) Versus Ansar Gafoor Shaikh .. Respondent (Original accused) Shri V.D.Godbharle, A.P.P. for applicant-State CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 3rd December 2009 PER COURT 1. This is an application filed by the applicant-State questioning the correctness of the judgment of the Sessions Judge, Ahmednagar, dated 17.8.2009, in Sessions Case No.33 of 2009, acquitting the respondent of the offence punishable under Section 302 of the Indian Penal Code. 2. We have heard Shri Godbharle, learned Assistant Public Prosecutor for the applicant with whose assistance we have perused the findings recorded by the trial Court. Upon such perusal, we are of the considered opinion that the findings are unsustainable and this application deserves to be allowed. 2 3. Accordingly, this criminal application No.4059 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 for Rs.10,000/- against the respondent-accused. ( A.V.NIRGUDE, J.) ( P.V.HARDAS, J.) (vvr/4059.09criappln)