1 crap4555.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4555 OF 2010 The State of Maharashtra & anr. ...Applicants VERSUS Tukaram Murlidhar Kshirsagar & ors. ...Respondents ..... Smt. Y.M.Kshirsagar, A.P.P. for applicants Shri S.R.Shirsath, advocate h/for Shri S.S.Jadhavar, advocate for respondent nos.1 to 4 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19 th April, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 Leave to delete applicant no. 2 granted. Amendment to be 2 crap4555.10 carried out forthwith. 3 Issue notices to the respondent nos. 1 to 4. Shri S.R.Shirsath, advocate h/for Shri S.S.Jadhavar, learned counsel waives service of notice for respondent nos.1 to 4. 4 This is an application preferred by the applicant seeking leave to file appeal against the judgment and order, dated 19.7.2010, passed by the learned Sessions Judge, Osmanabad, in Criminal Appeal No. 65 of 2007, thereby allowing the said appeal partly and maintaining the conviction against the appellants, recorded by the learned Judicial Magistrate, First Class, Bhoom, in Regular Criminal Case No. 49 of 2000, on 17.7.2007, for the offence punishable under Sections 324 r/w 34 of the Indian Penal Code imposing fine upon the appellants of Rs.2,000/- each, in default each to suffer S.I. for one month and sentencing the appellants under Sections 324 r/w 34 of the Indian Penal Code and also thereby maintaining the conviction against the appellants for the offence punishable under Sections 324 r/w 34 of the Indian Penal Code and directing them to pay fine of Rs. 1,000/- each, in stead of sentencing them to suffer R.I. for three months, in default of payment of fine, directing each of the accused to suffer S.I. for 15 days, and also further directing the appellants to deposit amount of Rs.1,500/- each on both the counts and after 3 crap4555.10 depositing such amount, and further directing that an amount of Rs. 9,000/- be paid to the complainant – Kundlik Bhagwan Jagdale as compensation under Section 357 of the Code of Criminal Procedure, after the period of appeal is over and also directing that remaining amount of Rs.3,000/- be credited to the Government. 5 Learned counsel for the parties also invited my attention to the fact that the first informant i.e. original complainant has also filed Criminal Revision Application No. 207 of 2010 before this court, challenging the impugned judgment and order, dated 19.7.2007, rendered by the learned Sessions Judge, Osmanabad and Rule has been issued therein by this court by order dated 7.9.2010. 6 Hence, in view of the said position and in the light of the afore said facts, present application is allowed and leave to file Criminal Appeal is granted to the applicant/State under Section 377(1) of the Code of Criminal Procedure and present application be treated as Criminal Appeal. 7 Admit. Shri S.R.Sirsath, advocate holding for Shri S.S.Jadhavar, learned counsel waives service of notice for respondent nos. 1 to 4 after admission. 4 crap4555.10 8 Respondent nos. 1 to 4 to furnish same bail, on the same terms and conditions on which they were on bail during the trial, but to execute fresh bonds before the Trial Court, within the period of four weeks. 9 Present Criminal Appeal be heard along with Criminal Revision Application No. 207 of 2010. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4555.10