(1) Cra No2494/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2494 OF 2009 The State of Maharashtra ] Through Ramling Dagadu ] APPLICANTS. Shete,R/o Kond, Taluq and ] Dist. Osmanabad. VERSUS 1] Vishal Suryakant Kapse ] 2] Suryakant Haribhau Kapse ] 3] Usha Suryakant Kapse ] RESPONDENTS. All R/o Kathale Chowk, ] Kallam, Dist. Osmanabad ] ----- Mr.S.D.Kaldate, APP, for the applicant/State. ----- CORAM : NARESH H. PATIL, AND SHRIHARI P. DAVARE, JJ. DATE : 14th August, 2009. PER COURT : Heard learned Additional Public Prosecutor for applicant/State. Perused original Record & Proceedings and judgment of trial Court. 2] Prima facie we are not convinced with the view adopted by learned trial Court considering the evidence brought on record. The prosecution has made out a case for leave to file appeal against acquittal. Application is allowed and leave to file (2) Cra No2494/2009. appeal against acquittal is granted. 3] Appeal is admitted. 4] Action under section 390 of the Code of Criminal Procedure, 1973 be initiated against respondents/accused. 5] Record and Proceedings of trial Court be sent back for preparation of paper book. [ SHRIHARI P. DAVARE, J.] [ NARESH H. PATIL, J.] pcr/o/cra2494.09