- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3954 OF 2008 APPLICATION NO.3954 OF 2008 APPLICATION NO.3954 OF 2008 The State of Maharashtra ...Applicant vs. Ashok Mahadeo Kadam and others ...Respondents Mr.J.P.Yagnik A.P.P. for State Mr.Ajit Kenjale for the respondents CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 4,2009 : APRIL 4,2009 : APRIL 4,2009 P.C.: P.C.: P.C.: 1. Heard learned A.P.P. for State and the learned counsel for the respondent. Perused the copies of depositions and the alleged dying declaration. As far as respondent Nos.2 to 4 are concerned, there is no case made out for grant of leave. As far as the first respondent is concerned, no case is made out for grant of leave for offence under section 498-A of the Indian Penal Code. 2. The application is rejected in so far as Respondent Nos.2 to 4 are concerned. The application stands rejected as against the 1st respondent in so far offence under section 498-A of the Indian Penal Code is concerned. Leave is granted confined to 1st accused (first respondent). The appeal is admitted. The Advocate for the respondent waives service. Hence, action under section 390 of the Code of Criminal Procedure,,1973 is dispensed with. - 2 - JUDGE JUDGE JUDGE