1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 4098 OF 2008 The State of Maharashtra Through Police Inspector, Police Station, Paradh, Taluka Bhokardan, District Jalna .. Applicant Versus Subhash s/o Kondiba Sapkal and others .. Respondents Shri S.K.Kadam, APP for appellant-State Shri P.R.Adkine, Advocate for respondent Nos.1 to 4 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ. DATE : 23rd JUNE 2009 PER COURT : 1. This is an application filed by the applicant/State seeking grant of leave to file against the Judgment of the Additional Sessions Judge-2, Jalna, dated 30.6.2008, rendered in Sessions Case No.38 of 2007 acquitting the present respondents and others for offences punishable under Section 147, 148, 447, 307, 323, 504 and 506 read with section 149 of the Indian Penal Code. We have heard Shri Kadam, learned AGP for State and learned Counsel appearing for respondents 1 to 4. With the assistance of the learned Counsel, we have perused the findings recorded by the trial Court. Upon such perusal of the findings, according 2 to us the aforesaid findings are unsustainable and in the light of that we are inclined to grant leave to the applicant to file the appeal. 2. Accordingly, this application is allowed for leave to file appeal as sought for. Appeal is admitted and action under Section 390 of the Cr.P.C be taken against the respondents by issuing bailable warrant for Rs.15,000/-. Learned Counsel accepts notice of admission of this appeal. 3. Application allowed accordingly. Leave granted. ( R.K.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/4098.08criappln)