1 crap1545.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION No. 1545 OF 2011 The State of Maharashtra ...Applicant VERSUS Gajanan Mitharam Mahajan and anr. ...Respondents ..... Shri S.G.Nandedkar, A.P.P. for the applicant. Shri R.S.Shinde, advocate h/f Shri A.G.Talhar, advocate for the respondent nos. 1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 13 th December, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant/State (original complainant) seeking leave to file appeal, challenging the judgment and order of acquittal, dated 21.3.2009, rendered by learned Judicial Magistrate, First Class, Jalgaon, in S.C.C. No. 5401 of 1999, thereby acquitting respondent nos. 1 and 2 for the offences punishable under Sections 448, 504, 506 r/w 34 of the Indian Penal 2 crap1545.11 Code. 3 I have perused the impugned judgment and order and the R. and P. with the assistance of the learned counsel for the parties. 4 After hearing the submissions advanced by the learned counsel for the parties and having the comprehensive view of the matter, it appears that the matter requires reconsideration, and hence, present application is allowed and leave to file appeal is granted. Present application be treated as appeal. 5 Admit. Shri R.S.Shinde, advocate waives service of notices for respondent nos. 1 and 2 after admission. 6 Respondent nos. 1 and 2 to furnish same bail, but to execute fresh bond before the learned Trial Court, within the period of four weeks. 7 R. and P. be sent back to the concerned court. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1545.11