1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3117 OF 2009 The State of Maharashtra through Police Station Officer, Shirpur Police Station, Taluka Shirpur, Dist.Dhule .. Applicant Versus Mehmoodbeg Kalubeg Mirza .. Respondent Shri V.D.Godbharle, Asstt.Public Prosecutor for appellant-State CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 12th November 2009 PER COURT 1. This is an application filed by the applicant-State being aggrieved by the acquittal of the respondent-accused for an offence punishable under Section 307 and 323 of the Indian Penal Code, recorded by the Ad- hoc Additional Sessions Judge-I, Dhule, by judgment dated 14.5.2009, in Sessions Case No.51 of 2007. 2. We have heard learned Assistant Public Prosecutor for the applicant with whose assistance we have perused the record and proceedings as well as the findings recorded by the trial Court. Upon such perusal, we are of the considered opinion that the findings are unsustainable and, therefore, this application deserves to be allowed. 2 Accordingly, this application 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/- against the respondent. ( A.V. NIRGUDE, J.) ( P.V. HARDAS, J.) (vvr/3117.09criappln)