sat 1 cri.appeals 834-2008 and 808-2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 834 OF 2008 Yogesh Vinod Ahiwale ...Appellant (Orig.Accused No.2) vs. The State of Maharashtra & Anr. ...Respondents (Complainant) Mr.Sachin B. Shetye i/b. Mr.A.H. Fatangare and Mr.S.V. Gavand for the Appellant Mr.P.S. Hingorani, APP for the State. WITH CRIMINAL APPEAL NO. 808 OF 2008 1. Jaywant @ Pintya Yeshwant Dhavare 2. Shyam Subhash Ahiwale, 3. Bhola Somnath Ahiwale, 4. Chandan Ashok Kakade, 5. Ajit Shankar Ahiwale ...Appellants (Orig.Accused Nos.3 to 7) vs. The State of Maharashtra & Anr. ...Respondents (Complainant) Mr.Deepak S. Shinde with Mr.Jaywant Dhawade for the Appellants. Mr.P.S. Hingorani, APP for the State. CORAM : M.L. TAHALIYANI, J. DECEMBER 16, 2011 P.C. :- 1 Heard Mr.Sachin Shetye, learned Counsel for the appellant in sat 2 cri.appeals 834-2008 and 808-2008 Criminal Appeal No.834/2008, Mr. Deepak Shinde, learned Counsel for the appellants in Criminal No.808/2008 and Mr.Hingorani, learned Additional PP for the State. 2 For reasons to be recorded in the judgment, both the appeals are allowed. I. The judgment and order dated 23rd July, 2008 passed by the learned Additional Sessions Judge, Satara, in Sessions Case No.87/2004 convicting the appellants for the offences punishable u/ss. 143, 147, 148, 304 Part-I r/w. 149 and 135 r/w. 37(1)(a) of Bombay Police Act is set aside. II. The appellants are acquitted of the offences punishable u/ss. 143, 147, 148, 304 Part-I r/w. 149 and 135 r/w. 37(1)(a) of Bombay Police Act. III. The seized property be disposed of in accordance with the order passed by the learned trial sat 3 cri.appeals 834-2008 and 808-2008 court. IV. The appellant in Appeal No.834/2008 is in prison. He shall be released forthwith, if not required in any other case. V. The appellants in Appeal No.808/2008 are on bail. Their bail bonds shall stand cancelled. VI. Fine, if any, paid by the appellants be refunded. 3 Both the appeals are disposed of. (M.L. TAHALIYANI, J)