1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICLATION NO.748/2010. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : SHRIHARI P.DAVARE, J. DATE : 3 rd August, 2010. ... 1) Heard Mrs.BR Khekale, learned APP for applicant/State and Mr. AA Jagatkar, learned Counsel for respondent. 2) This is an application preferred by the applicant/State seeking leave to file appeal against the Judgment and order of acquittal dated 9.11.2009 rendered by learned Sessions Judge, Parbhani in Criminal Appeal No.13/2008, acquitting the respondent (original accused) for the offences under Sections 353 and 506 of Indian Penal Code, arising from the Judgment and order dated 8th February, 2008, passed by learned 2nd Joint JMFC Parbhani in SCC No.203/2007. 3) I have perused the judgment and order dated 8th February, 2008 rendered by the learned 2nd Joint JMFC, Parbhani in Summary Case No.203/2007 as well as perused the impugned judgment and order dated 9th November, 2009 passed by the 2 learned Sessions Judge, Parbhani in Criminal Appeal No.13/2008 as well as Record and Proceedings with the assistance of learned Counsel for the parties. 4) At the outset, the respondent (original accused) viz. Pandit Sopanrao Tomke faced the trial for the charges under Section 353 and 506 of the IPC in Summary Case No.203/2007 and was convicted and sentenced thereunder by the learned 2nd Joint JMFC, Parbhani by judgment and order dated 8.2.2008. Being aggrieved and dissatisfied by the said judgment and order, the respondent herein preferred an appeal being Criminal Appeal No.13/2008 before the learned Sessions Judge, Parbhani and same was allowed by him by judgment and order dated 9th November, 2009, thereby quashed and set aside the conviction and sentence inflicted upon the respondent/accused. Being aggrieved and dissatisfied by the said judgment and order rendered by the learned Sessions Judge, Parbhani, the applicant/State has preferred the present application seeking leave to file appeal against the said judgment and order of acquittal. 5) Apparently, the prosecution examined inasmuch as six witnesses to substantiate the charges levelled 3 against the respondent/accused and the prosecution witnesses, viz. Shivrani Kshirsagar- PW 1; and PW 4 – Shaikh Yasim and PW 5- Ramesh Ghodeke, Talathi, appear to be the eye-witnesses to the occurrence of the incident. Apparently, there appears to be a prima facie case. Hence, present application is allowed and leave to file appeal, as prayed for by the applicant, is granted. 6) By consent of learned Counsel for the parties, the present application is treated to be an appeal. Hence, Admit. 7) Mr.Jagatkar, learned Counsel for the respondent accepts notice after admission. 8) Respondent to furnish bail in the sum of Rs.10,000/- (Rupees ten thousand) with one surety in the like amount before the trial Court within a period of three weeks. 9) R. and P. be sent back to the trial court. (SHRIHARI P.DAVARE) JUDGE bdv/748.10cran