1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3899 OF 2009 *** The State of Maharashtra Versus Maikulal Ramdin Chitte and others *** 1. We have heard learned A.P.P. Mr. Godbharle for the Applicant and Learned counsel Mr. C. R. Deshpande for Respondent Nos.1 to 4. 2. Respondents were charged and tried for the offence under section 302 read with 34 of Indian Penal Code in Sessions Case No. 98 of 2008. On trial, they have been acquitted by the learned Additional Sessions Judge, Dhule for the offence with which they were charged and tried. 3. With the assistance of counsel present before the Court, we have seen the material brought on record by the prosecution. In substance, it is a case based on three eye- witnesses. The trial Court has disbelieved evidence of eye-witness. We have seen the evidence of these witnesses. Mr. Deshpande points out evidence of P.W.2 Dr. Ajit and postmortem Report Exhibit-38. With his assistance, we have also seen cross examination para 9 of the medical officer concerned. In our view, case for admission 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. of the appeal, prima facie, is established. 4. Admit. 5. Action under section 390 Cr. P. Code to follow. 6. Learned Principal District Judge, Dhule is directed to secure presence of the respondents once in a quarter commencing from July, 2010 onwards. The Respondents shall be released on bond of Rs.15,000/- [Rupees fifteen thousand each] with one surety in the like amount. 7. Liberty in favour of the Respondents to seek early hearing of the appeal. 8. Criminal Application is partly allowed meaning thereby leave to appeal is granted in favour of the Applicant/ State. [S. S. SHINDE, J.] [S.B.DESHMUKH, J.] Dated:21/06/2010. ans/3899