1 Cri. Appln. 3659.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3659 OF 2009 The State of Maharashtra ... Applicant/ Appellant V E R S U S Nasiroddin Ajamoddin Shaikh and anr. ... Respondents ... Mr. K.G. Patil, A.P.P. for the Applicant-State. ... CORAM : P.V.HARDAS AND A.V.NIRGUDE, JJ. DATED : 20TH NOVEMBER, 2009 PER COURT 1] This is an application filed by the applicant-State challenging the acquittal of the respondents for the offences punishable under section 498-A r/w. 34 of the Indian Penal Code and under section 302 r/w. 34 of the Indian Penal Code, as recorded by the Additional Sessions Judge, Jalgaon by judgment dated 17.7.2009 in Sessions Case no. 8 of 2008. 2] We have heard learned A.P.P. for the applicant and with whose assistance, we have 2 Cri. Appln. 3659.2009 perused the findings recorded by the trial Court. It appears that at paragraph no.24, the trial Court has referred to the contents of the statement recorded during investigation and has recorded a finding contrary to the prosecution evidence on the basis of recitals of the said statement. 3] According to us, the view taken by the trial Court is un-sustainable. We accordingly allow this application and grant leave to the prosecution to file Appeal against the acquittal. Leave granted. Appeal admitted. Action under section 390 of the Code of Criminal Procedure be taken by the trial Court by issuing bailable warrants against the respondents for Rs.10,000/- (Rs. Ten Thousand) each. Sd/- Sd/- (A.V.NIRGUDE, J.) (P.V.HARDAS, J.) arp