1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 159 OF 2010 IN CRIMINAL APPEAL NO. 79 OF 2010 Vilas Krishna Suryawanshi & ors .......Applicant versus The State of Maharashtra ........Respondent. Mr. Kotwal i/b Ashish Sawant adv. for the applicant. Mrs. S.V. Gajare APP for the Respondent. CORAM: B. R. GAVAI, J. DATED : 18th February, 2010. P.C.: 1. This is an application for suspension of sentence and grant of bail. The applicants who were acquitted for offence punishable under sections 325, 323, 504, 506 read with 34 of IPC, were convicted by the appellate court in the appeal filed by the State against the order of acquittal. 2. The learned counsel appearing on behalf of the applicants submits that the learned Sessions Judge has no jurisdiction to entertain the appeal in as much as the appeal against acquittal would lie before this court. 3. The learned APP submits that the learned appellate court has given sound reasoning regarding the interference in the appeal against acquittal and convicted the applicants. 2 4. Interference in appeal against acquittal is permissible only where it is found that the view taken by the learned trial court is perverse of impossible. Prima facie it appears that the acquittal was recorded on the ground that the prosecution has failed to examine the investigating officer and the medical officer. In that view of the matter I am inclined to allow the application. 5. The order of sentence is suspended. The applicants are directed to be released on bail on the same terms and conditions as were imposed, however on fresh bond. 2. Appeal is admitted. (B.R. Gavai, J.)