1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL APPEAL APPEAL NO.790 OF 2002 NO.790 OF 2002 NO.790 OF 2002 WITH WITH WITH CRIMINAL CRIMINAL CRIMINAL APPEAL No.635 OF 2002 APPEAL No.635 OF 2002 APPEAL No.635 OF 2002 Mahesh Bhagwan Shinde & ors.... .... .... Appellants vs State of Maharashtra ... Respondent Mr.V.M.Thorat with Mr.S.S.Salunkhe for Appellant Ms.P.H.Kantharia, APP for Respondent CORAM: CORAM: CORAM: D.G.DESHPANDE AND D.G.DESHPANDE AND D.G.DESHPANDE AND SMT.ROSHAN SMT.ROSHAN SMT.ROSHAN DALVI, JJ DALVI, JJ DALVI, JJ DATE DATE DATE : : : 16th November, 2006 16th November, 2006 16th November, 2006 P.C. P.C. P.C. 1. The appeal filed by accused no. 5 Mahesh Bhagwan Shinde is dismissed. His conviction and sentence is maintained. Appeal Nos. 635 of 2002 filed by the original accused nos. 1 to 4 is allowed,. Their conviction under sections 147, 2 148, 302 read with sections 149 IPC, 135 (1) of the Bombay Police Act is set aside and they are acquitted of the offence under section 147, 148, 307 read with section 149 IPC, under section 302 read with section 149 IPC, 135 (1) of the Bombay Police Act. The accused no.1 be released forthwith if not required in any offence. Bail bond of other accused stands cancelled. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J) (D.G.Deshpande, (D.G.Deshpande, (D.G.Deshpande, J) J) J)