15-ALP-177-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 177 OF 2017 Arvind Eknath Patil ….Applicant vs. Santosh Sahebrao Gare and Others … Respondents Mr. Sachin Gite for the Applicant. Mr. Sandesh Shinde h/f. Mr. Rameshwar Gite for Respondent Nos. 1 to 5. Mr. D. J. Haldankar, APP for the State. CORAM : GAURI GODSE, J. DATED : 16th OCTOBER 2025 ORDER: 1. This application is filed under Section 378(4) of the Criminal Procedure Code by the father of the deceased to challenge the order passed by the learned Sessions Court acquitting respondent no. 1 to 5 for the offences punishable under Section 304B, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant submits that in view of the legal principles settled by the Hon’ble Apex court in the 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.10.27 04:16:14 +0200 15-ALP-177-2017.doc case of M/s. Celestium Financial Versus. A. Gnanasekaran1 the applicant being father of the deceased would fall under the definition of expression ‘victim’ as explained in the said decision. He therefore submits that the applicant would be entitled to file an appeal in view of the proviso to Section 372 of the Criminal Procedure Code. 3. Hence, Leave granted. 4. Appeal admitted. 5. Call for record and proceedings 6. For compliance under Section 390 of the Criminal Procedure Code, the trial court shall issue notice to respondent nos.1 – Shri Santosh Sahebrao Gare, respondent no. 2 -Shri Yogesh Sahebrao Gare, respondent no. 3 – Shri Sahebrao Trambak Gare, respondent no. 4 – Rambhabai Sahebrao Gare and respondent no. 5 – Chaya Anil Labhade calling upon them to appear before the trial court on a particular date. 7. Accordingly, respondent nos. 1 to 5 (accused) shall appear before the trial court on the given date and the trial court shall enlarge him on bail on the same day on appropriate 1 2025 SCC OnLine SC 1320 2/3 15-ALP-177-2017.doc terms and conditions. One of the conditions shall be for securing the presence of the accused before this court as and when called. 8. In case respondent nos. 1 to 5 (accused) fail to remain present before the trial court as directed by this order, the trial court shall submit a report to this court. 9. List the appeal on 8th January 2026 for recording compliance and further directions. (GAURI GODSE, J.) 3/3