1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.292/2010 In Criminal Appeal No. /2010 [State of Maharashtra .vrs. Nishant @ Gabbar Sahare and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATE : AUGUST 04, 2010. Heard Mr. T.A. Mirza, learned APP for the applicant/appellant. By this application, the applicant/appellant seeks leave to appeal against the judgment and order of acquittal passed by the Additional Sessions Judge-7, Nagpur in Sessions Trial No.448/2006 acquitting the respondents of the offences punishable under sections 302, 307, 143, 147, 148 r/w 149 of the Indian Penal Code and Section 4/25 of the Arms Act. Mr. Mirza, learned APP for the applicant/appellant, states that there are four eyewitnesses who have been disbelieved on the ground that they are having criminal background. 2 Mr. Mirza further states having regard to the factual background of the case, only the eyewitnesses examined by the prosecution could be the natural witnesses. In our considered opinion the matter requires consideration and hence leave to appeal against the judgment and order of acquittal is granted. Criminal Appeal stands admitted. Action u/s 390, Cr.P.C. to follow. Each of the respondents shall be released on bail upon executing P.R. Bond in the sum of Rs. 10,000/- each with one surety in the like amount to the satisfaction of the learned trial Court and subject to the condition that the respondents shall remain present in this Court at the time of final hearing of the appeal. JUDGE JUDGE Gulande