1 Criminal Appl.1197 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1197 OF 2011 The State of Maharashtra APPLICANT VERSUS Sanjay S/o.Bapurao Mamale and others RESPONDENTS Mr.S.K.Tambe, learned A.P.P. for the applicant. Smt.S.S.Jadhav, learned counsel for respondents no.1,2,3,8,11 & 15. Mr.A.S.Bayas, learned counsel for respondents no.4 to 7, 9,10 and 12 to 14. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 06/06/2011 PER COURT : 1. Since we have condoned the delay in filing the present application, this application is heard for admission at the request of the learned counsels for the parties, though this application is not on board. 2. This is an application seeking grant of leave to file an appeal against the judgment of the Additional Sessions Judge, Nilanga, dated 12/11/2010 in Sessions Case No.28/2006, acquitting the respondents for offences punishable u/s. 147, 148, 302 r/w. 149, 302 2 Criminal Appl.1197 of 2011 r/w.109, 326 r/w. 149, 326 r/w.109, 342 r/w.149 of The I.P.C., and u/s. 135 of The Bombay Police Act. We have heard the learned A.P.P. on behalf of the applicant and we have perused the findings recorded by the Trial Court particularly the reasons given by the Trial Court for not placing reliance upon the testimony of the 2 eye witnesses namely P.W.No.3 Dattu and P.W.No.5 Mohan. Upon such perusal, according to us, this is a fit case for granting leave. 3. Accordingly, we allow this application and grant leave to file an appeal against the acquittal as prayed for. Smt.Jadhav accepts notice on behalf of respondents no.1,2,3,8,11 and 15 while Shri.Bayas accepts notice on behalf of respondents no.4 to 7, 9, 10 and 12 to 14. 4. Action u/s. 390 of The Cr.,P.C. be taken by the Trial Court by issuing bailable warrant for Rs.5,000/- each against the respondents. 5. Leave granted. Appeal admitted. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JUNE 2011/cri.appl.1197-11