1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.4390 2008 The State of Maharashtra ..APPLICANT VERSUS Vithal Baba Mundhe ..RESPONDENT Mr B.J. Sonwane, A.P.P. for the applicant; Mr Mukund Patil, Advocate for respondent. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 10th JULY, 2009. PER COURT : Heard A.P.P. for the State and learned Counsel for respondent. 2. With the assistance of learned Counsel for the respondent we have perused the judgment and the findings recorded by the Trial Court. The charge against the respondent/accused rests principally upon the testimony of the two eye-witnesses P.W.1 Vaijinath and P.W.11 Radha. The Trial Court has given reasons 2 for disbelieving the evidence of these witnesses. Upon perusal of the aforesaid reasons, according to us this is a fit case for granting leave. Accordingly Criminal Application is allowed. Leave is granted. Appeal admitted. Action under section 390 of the Code of Criminal Procedure be taken against the respondent by issuing bailable warrant for Rs.10,000/-. Learned Counsel for respondent accepts notice of admission of the appeal. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/criap4390.08