IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 173 OF 2009 IN STAMP NUMBER MAIN NO. 1845 OF 2009 STATE THROUGH OLD GOA POLICE STATION ... Applicant Versus NOORUDIN @ NOOR MOHAMMAD AND 4 ORS., ... Respondents Mr. C. A. Ferreira, Public Prosecutor for the Applicant. Coram:- D. G. KARNIK & F. M. REIS, JJ. Date:- 12th October, 2010 P.C. 1. Heard the learned Public Prosecutor for the State. None present for the respondents though served. 2. The learned Public Prosecutor submits that Sessions Case No. 21/2006 from the decision in which the appeal is sought to be filed arises out of an F.I.R. No.57/2006 registered at Old Goa Police Station. In respect of the said F.I.R. two separate trials were held, one in respect of the accused who were initially apprehended and the other in respect of the accused who was absconding and subsequently apprehended. The learned Public Prosecutor submits that all the accused were acquitted in both the Sessions cases. 3. In Criminal Misc. Application No. 175 of 2009, leave has been granted by this Court to file an appeal against the decision in the other Sessions case arising out of the same crime. The evidence in both the Sessions cases is similar. Hence, we are therefore of the view that leave to appeal in this case also should be granted. We accordingly grant leave to file an appeal. The action under Section 390 of Criminal Procedure Code be taken by the Sessions Court. The appeal on registration be heard along with Criminal Appeal No. 71 of 2009. D. G. KARNIK, J. F. M. REIS, J. at*