1 Cri.Application No.662 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 662 OF 2010 IN CRIMINAL APPEAL NO.507 OF 2009 State of Maharashtra ..APPLICANT VERSUS Deelipsingh Lalsingh Wadhava & ors. ..RESPONDENTS Mr K.G. Patil, A.P.P. for the applicant; Mr K.C. Sant, Advocate for respondents no.1, 4 & 5 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 3rd March, 2011 PER COURT : By this application the applicant - State seeks to challenge the judgment of the Additional Sessions Judge, Dhule, dated 22.7.2009 in Sessions Case No.46 of 2003 acquitting respondents no.1 to 5 for offences punishable under section 143, 148, 302, 307, 332, 333 and 120- B read with sec. 34 and sec. 149 of the Indian Penal Code and under section 25 read with sec. 3 of the Arms Act. 2 Cri.Application No.662 of 2010 2. We have heard learned A.P.P. in support of the present application and we have also perused the record and proceedings. It appears that none of the eye-witnesses including the injured witness have named accused nos.2 to 5. Original accused nos.2 to 5/respondents no.2 to 5 were also not identified in the test identification parade. Original accused no.1 Deelipsing has been named in the first information report by P.W.21 Sumit and P.W.21 has also identified accused no.1 Deelipsing. P.W.22 Mukesh and P.W.24 Sanjay have also identified original accused no.1. In such circumstances, therefore, according to us this is a fit case for granting leave to file appeal against the acquittal of respondent no.1. There is no merit in respect of the challenge to the acquittal of respondents no.2 to 5. 3. In that light of the matter, therefore, this application is partly allowed. Leave is granted to file appeal against the acquittal of respondent no.1 while leave is refused in respect of respondents no.2 to 5. Leave granted. Appeal admitted. Action under section 390 of the Code of Criminal Procedure be taken by the Trial Court by issuing bailable warrant against respondent no.1. (A.V. POTDAR, J.) ( P.V. HARDAS, J.) amj/criap662.10