IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMIAL APPELLATE JURISDICTION CRI. APPLICATION NO.4207 OF 2006 IN Appeal No.1155 of 2006 The State of Maharashtra .. Applicant V/s Mohan Shankar Gaikwad and Ors.. Respondents Mr.A.S.Shitole,APP for State Anand S. Patil i/b Shekhar Ingawale for Respondents CORAM:R.S.Mohite,J. DATED:15th July 2008 P.C.:- 1. This is application for leave to appeal. 2. By impugned judgment and order which convicts 3 accused being original accused nos.1, 2 and 3 and acquits accused nos.4 to 8 on the ground that there was no evidence to convict them for the offences punishable under Sections 143, 144, 402 read with 149. Accursed nos.1 to 3 were convicted under Section 399 as they were apprehended on the spot. Accused nos 4 to 8 are said to be people who alighted from jeep and ran away in the darkness. In these circumstances the Court has concluded that there has no material to show that the accused nos.4 to 8 were the same persons who ran away from the jeep in the darkness. These accused were arrested subsequently. No evidence has come to show that these persons are the persons who alighted from jeep and ran away. In the circumstances the view taken by the trial Court is a possible view. Hence leave refused. Cri.Appeal No. 1155 of 2006 1. Heard both sides. Sentence awarded for the conviction under Section 399 is 2 years as against the permissible sentence of 10 years. In the circumstances appeal admitted. Appeal to be heard along with Criminal Revision Application NO.394 of 2006. (R.S.Mohite,J.)