APPA. 961-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 961 OF 2011 IN CRIMINAL APPEAL No. 789 OF 2011 The State of Maharashtra ... Applicant Vs. Ramesh Jagannath Birje & Anr. ... Respondents *** Mr. J. P. Kharge, APP for the Applicant. None for the Respondent. *** CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : DECEMBER 08, 2011 PC: 1. Heard the learned APP for the applicant-State. None appears for the respondents, though they are served. This application has been filed by the applicant in an appeal against the acquittal, which is filed and pending for final disposal, in this Court. It is prayed in the application that the applicant-State be permitted to lead additional evidence by recalling the witness and by issuing fresh witness summons, under Section 391 Cr. P. C. In our view, these prayers can be considered at the time of hearing of the appeal against the acquittal, filed by the applicant-State. Hence, this application is APPA. 961-11 - 2 - disposed of, with liberty to the applicant to raise these points at the time of hearing of the appeal. 2. The hearing of the appeal is expedited. Place the appeal on final hearing board in the week commencing from 16th January, 2012. [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]