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Judgment
Heard Mr. M. K. Pathan, learned APP for the applicant and perused the record. This application has been filed by the applicant - State of Maharashtra u/s 378(1) of Criminal Procedure Code seeking leave to appeal against acquittal of all the respondents of the offences punishable under Sections 306, 304B read with Section 34 of the Indian Penal Code and for the offence punishable u/s 498A of the Indian Penal Code in respect of the respondent Nos. 2 to 5. The accused No. 1 respondent No. 1 has been convicted by the learned Trial Judge for the offence punishable u/s 498A of the Indian Penal Code.
Having heard the learned APP for the applicant and having perused the record, we are of the considered opinion that no case has been made out for grant of leave against acquittal of respondent Nos. 2 to 5 for the offences punishable u/s 498A and 304B and 306 read with Section 34 of the Indian Penal Code. However, in so far as the acquittal of the respondent No. 1 for the offences punishable under Sections 304B and 306 of the Indian Penal Code by the trial Court is concerned, the matter required consideration and hence leave is granted.
Appeal stands admitted qua respondent No. 1 only for the above referred offences.
Action u/s 390 of Criminal Procedure Code to follow.
The respondent No. 1 shall be released upon execution of bail bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Additional Sessions Judge, Akola subject to the condition that the respondent No. 1 shall appear before this Court at the time of final hearing of the appeal. This appeal to be taken up along with Criminal Appeal No. 510 of 2012 filed by respondent No. 1
Registry to prepare common paper book.
Application stands disposed of.