1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5554 OF 2005 The State of Maharashtra ..Applicant. V/s. Dhananjay Tukaram Gaikwad & Ors...Respondents. Mr.Rajesh More, APP for applicant. Mr.S.V.Kotwal for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2008. DATE : APRIL 2, 2008. DATE : APRIL 2, 2008. P.C.: P.C.: P.C.: 1. Heard Counsel for the parties. 2. Leave to appeal is granted insofar as Accused No.1 and 4 only. 3. In so far as Accused No.3 is concerned, he is reportedly dead for which reason, proceedings against the said accused would stand abated. Insofar as Accused Nos. 2 and 5 are concerned, the learned APP fairly accepts that even if the entire evidence is liberally read, there is no case made out against the said accused. 3. The Appeal is admitted against the Accused 2 Nos. 1 and 4, as aforesaid. 4. Action under section 390 of Cr.P.C. to proceed against the said accused. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)