1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4251 OF 2009 The State of Maharashtra ..Applicant VERSUS Sukhdeo Bhagwan Gaikwad ...Respondent ..... Shri S.D.Kaldate, APP for the applicant ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 11.02.2010 ORAL ORDER 1 This is an application filed by the applicant/State seeking grant of leave to file appeal against acquittal, for challenging the judgment and order of the Additional Sessions Judge, Basmathnagar, dated 24.2.2009, in Sessions Case No. 10 of 2008, acquitting the respondent/accused for offence punishable under Sections 376, 366-A of the Indian Penal 2 Code and convicting the respondent/accused for offence punishable under Section 511 of the Indian Penal Code and convicting him to undergo R.I. for 7 years and to pay fine of Rs. 5,000/-. 2 The record reveals that the respondent/accused has filed Criminal Appeal No. 249 of 2009 challenging his conviction for offence punishable under Section 511 of the Indian Penal Code. The record further reveals that the learned Sessions Judge has refused bail to the respondent/accused. 3 After hearing learned A.P.P. for the applicant, according to us, this is a fit case for granting leave and accordingly, we grant leave. Application stands allowed. Since the respondent/accused is in jail, we direct that this appeal be listed for hearing after four weeks. Registry to ensure the prompt preparation of the paper book. This appeal to be heard along with Criminal Appeal No. 249 of 2009. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crap4251.09