1 cri-appln.5646-10 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5646 of 2010 The State of Maharashtra ..Applicant Vs. Nana Balu Kudale and ors. ..Respondents Mrs. A.S.Pai, APP for the applicant-State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 7th February, 2011 P.C. We have heard Mrs. Pai, the learned A.P.P., for the applicant. In Sessions Case No.288 of 2006 in all 9 accused came to be tried for the offences punishable under Section 302 read with Sections 147, 148 and 149 of the I.P.C., and Section 4 read with Section 25 of the Arms Act. Though the prosecution relied upon the evidence of three eye witnesses i..e P.W.1-Nilesh Kasbe, P.W.2-Sandeep Mandavkar, P.W.3-Avinash Thorat and P.W.6-Vilas Adsul, all the accused came to be acquitted by the learned Addtional Sessions Judge at Pune on 31st August, 2010. Hence this application for leave to appeal under Section 378(3) of the Cr. P.C. 2 cri-appln.5646-10 2. We have heard Mrs. Pai and we have also perused the testimony of the eye witnesses. We are satisfied that leave to appeal deserves to be granted as against accused Nos.1, 2 and 6 and it has come in the evidence of the eye witnesses that other 4-5 accused were not known to them. At the same time no T.I. Parade was conducted by the I.O., for the unknown accused who were only referred to as other 4 to 5 persons. 3. Hence, leave to appeal is granted against accused Nos. 1, 2 and 6 under Section 378 (3) of the I.P.C. 4. Appeal is admitted only against accused Nos. 1, 2 and 6. 5. The action under Section 390 of Cr.P.C., against accused Nos. 1, 2 and 6 to follow by the concerned Sessions Court and compliance report be submitted to the Registry of this Court within six weeks. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)