[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPLICATION NO.1772 OF 2007 IN APPEAL NO. OF 2007 The State of Maharashtra ..Applicant [Ori.Complainant] Vs. Rahul Kumar Mohan Singh & Ors. ..Respondents ... Mr.P.S.Hingorani APP for Applicant-State Mr.K.S.Patil Advocate for Respondent Nos.3 to 6 ... CORAM:F.I.REBELLO AND CORAM:F.I.REBELLO AND CORAM:F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE :APRIL 7, 2008 DATE :APRIL 7, 2008 DATE :APRIL 7, 2008 P.C. P.C. P.C. 1. This is an application for leave to appeal against the Respondent Nos.3, 4, 5 and 6 in the matter of acquittal by the Court of learned 5th Ad-hoc Additional Sessions Judge for Greater Bombay at Sewree by judgment and order dated 22.11.2006. 2. On behalf of the Respondent No.3 to 6, the learned counsel draws our attention to the following paragraph in the order of the learned [-2-] Sessions Judge: . "It is fairly admitted by learned APP, conspiracy in this case is not proved, as rightly argued by the learned advocates of the accused. It is argued by Advocate Shri.Rasal for accused No.4 that motive is not proved in this case. It is not proved, who sent accused No.1. It is also doubtful how the said accused got knowledge of complainant visiting to the dispensary of Dr.Mehta. Only P.W.3 Shri.Sakunde was with him. The accused were apprehended on different dates and places much later after this incident. Delay in disclosure of names of other accused create doubt about their implication in this case. Inference can safely be drawn regarding possibility of falsely implication of these accused". 3. On behalf of the State, the learned APP is [-3-] unable to point out any other evidence which would result in making out a case against the Respondents-accused. In our opinion, therefore, this is not a fit case to grant leave to appeal. Consequently, application is dismissed. [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.]