1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2975 OF 2009 The State of Maharashtra .. Applicant (Orig.Complainant) Versus Shahuraj Baburao Rajmane and others .. Respondents Shri S.V.Kurundkar, Additional Public Prosecutor for applicant-State CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 3rd November 2009 PER COURT 1. This is an application filed by the applicant-State being aggrieved by the judgment of the Ad-hoc Additional Sessions Judge-2, Osmanabad, in Special Case No.6 of 2006 acquitting the respondents of the offences punishable under Section 147, 148, 323, 326, 342, 452 read with Section 149 of the Indian Penal Code and 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. We have heard Shri Kurundkar, learned A.P.P. who appears on behalf of the applicant and we have perused the record and proceedings which had been called for by this Court. Upon such perusal and hearing learned A.P.P. for the applicant, we are satisfied that the judgment of the 2 trial Court acquitting the respondents is unsustainable. This obviously is a prima facie finding recorded by us and should not be construed as any finding on merits. 3. In the light of that we grant leave as prayed for. Appeal admitted. Criminal Application No.2975 of 2009 is accordingly allowed. Action under Section 390 of the Cr.P.C. be taken against the respondents by the trial Court by issuing bailable warrant for Rs.10,000/- each. ( A.V. NIRGUDE, J.) ( P.V. HARDAS, J.) (vvr/2975.09criappln)