APEAL/207-296-315/2005 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.207 OF 2005 1. Mohd. Farooque Yusuf Chaiwala & Ors. ... Appellants Versus The State of Maharashtra ... Respondent ALONG WITH CRIMINAL APPEAL NO.296 OF 2005 Umar Machiwalla s/o. Ismail Machiwalla, ... Appellant Versus The State of Maharashtra ... Respondent AND CRIMINAL APPEAL NO.315 OF 2005 Ashraf Shaikh Abdul Kadar Shaikh, ... Appellant Versus The State of Maharashtra, ... Respondent Mr. Ayyaz Khan for Appellant Nos.1 and 6 in Appeal No.207 of 2005. Mr. Amin Solkar with Mr. Yakub Shaikh for Accused Nos.2 to 5 in Appeal No.207 of 2005 and for the Appellants in Appeal No.296 of 2005 and Appeal No.315 of 2005. Mr. H.J. Dedhia, APP, for the Respondent-State of Maharashtra. CORAM : B. H. MARLAPALLE & A.M. THIPSAY, J.J. APEAL/207-296-315/2005 2 Dixit RESERVED ON : 6 TH APRIL, 2011. PRONOUNCED ON : 21 ST APRIL, 2011. P.C. : For the reasons separately recorded in the Judgment, the Court passed the following order :- “Considering all the aforesaid aspects, in our opinion, the prosecution had failed to establish the guilt of any of the Appellants, beyond reasonable doubt. This was a case where the Appellants should have been acquitted. We, therefore, allow the Appeals and set aside the judgment of conviction and the sentences imposed by the trial Court on the Appellants. The Appellants shall stand acquitted. Fine, if paid, be refunded to the Appellants, respectively.” [A.M. THIPSAY, J.] [B.H. MARLAPALLE, J.]