cran2436.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2436 OF 2010 The State of Maharashtra ...Applicant Versus Tukaram Maroti Suryawanshi ...Respondent ..... Mr. A.D. Rakh, A.P.P. for the applicant-State Mr. U.B. Bilolikar, advocate for respondent ..... CORAM: S. S. SHINDE, J. DATED: 1st FEBRUARY, 2011 PER COURT:- 1 Heard learned counsel for the respective parties. Learned A.P.P. invited my attention to the evidence of prosecution witnesses and also other evidence brought on record by the prosecution and submitted that this application seeking leave to prefer appeal may be allowed. 2 On the other hand, learned counsel for the respondent submitted that there was inordinate delay in lodging the F.I.R. He further submitted that the other evidence brought on record by the prosecution does not inspire confidence. He therefore, submitted that the trial court has rightly acquitted the respondent and no interference cran2436.10 -2- is warranted in the impugned judgment and order. 3 Upon hearing learned counsel for the applicant and the respondent and upon perusal of the evidence of the prosecution witnesses, prima facie, it does appear that certain words are uttered by the respondent, which may lead to constitute offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. That apart, the respondent was also prosecuted for other offences. This court has not expressed its final opinion, however, prima facie the applicant State has demonstrated before this Court so as to grant leave to prefer appeal. 4 In the above circumstances, this application seeking leave to prefer appeal against the judgment and order dated 25.3.2010, passed by the learned Additional Sessions Judge, Biloli in Special (Atrocities) Case No.4 of 2007 is allowed and disposed of. Registry is directed to register this application as appeal. Needless to mention that action under section 390 of Cr.P.C. to follow in that regard. The concerned court will take appropriate steps. ( S. S. SHINDE. J.) rlj/ cran2436.10 -3-