cra1571.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1571 OF 2011 The State of Maharashtra, Through Public Prosecutor, High Court Bench at Aurangabad. ...APPLICANT. VERSUS Chandrasen @ Sinnu Baliram Adsul, Age-35 years, Occu:Agri, R/o-Itkur, Tq-Kallam, Dist-Osmanabad. ...RESPONDENT. ... Shri.B.W. Wagh, A.P.P. for Applicant. None present for Respondent. ... CORAM: SHRIHARI P. DAVARE, J. DATE : 10TH JUNE, 2011. PER COURT : 1. Heard Shri. Wagh, learned A.P.P. for the Applicant - State. cra1571.11 2 2. This is an Application preferred by the Applicant - State seeking leave to file Appeal challenging the Judgment and order of acquittal dated 31st December, 2010 rendered by the Additional Sessions Judge, Osmanabad in Criminal Appeal No.72 of 2009 thereby allowing the said Appeal and setting aside the conviction and sentences imposed upon present Respondent (original accused) and acquitting him for the offences punishable under Section 326 and 341 of the Indian Penal Code. 3. It appears that Applicant State filed Criminal Case bearing R.C.C. No.212 of 2006 against the Respondent (original accused) for the offences punishable under Sections 326, 341, 504, 506. The Respondent was convicted for the offences punishable under Sections 326 and 341 of the Indian Penal Code but was acquitted for the offences punishable under Sections 504 and 506 of the Indian Penal Code. cra1571.11 3 4. It also appears that against the said Judgment and Order of conviction, the Respondent (original accused) preferred an Appeal before the Sessions Judge, Osmanabad and challenged the Judgment and Order of conviction. Accordingly, the said Appeal appears to have been allowed by the learned Additional Sessions Judge, Osmanabad on 31st December, 2010 and thereby conviction recorded against the Respondent (original accused), as aforesaid, under Sections 326 and 341 of the Indian Penal Code, was set aside and the accused was acquitted thereof. 5. In substance, there are two contrary findings of two Courts i.e. trial Court convicted the accused, whereas the first appellate Court acquitted the accused. Therefore, the matter requires consideration. Therefore, present Application seeking leave to file Appeal, is allowed and leave is granted to the Applicant cra1571.11 4 State to file Appeal. Present Application be treated as Appeal and be registered accordingly. 6. Admit. 7. Initiate action under Section 390 of the Code of Criminal Procedure against the Respondent (original accused) and thereafter the Respondent/accused be released on bail, on the same terms but on fresh bond. [SHRIHARI P. DAVARE, J.] asb/JUNE11/cra1571.11