Vasi Mohd. Sayed v. The State Of Maharashtra And ANR

apl-345-17(43)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 345 OF 2017 Vasi Mohd Sayed ..Applicant Vs.

The State of Maharashtra & Anr ..Respondents Mr. Sayed A. A. Nagvi for the Applicant Mr. K. V. Saste Addl PP for the Respondent State Mr. Mahesh Mishra i/b Mr. Ravi Thankian for the Respondent No.2 CORAM :R. M. SAVANT, & SANDEEP K SHINDE,JJ DATE : 22nd JANUARY, 2018 P.C.

The Learned Addl PP Mr. Saste informs us that the CCTV footage of 8-10-2016 is not available as the same is preserved only for a period of one month. Hence admittedly as on date there is no conclusive material on record to indicate that the Applicant was not present on site. The charge sheet has been filed in December 2017.

Having regard to the facts and circumstances of the case, it is not possible for us to accede to the prayer sought in the above Criminal Application by the Applicant. The above Criminal Application is accordingly rejected.

However, it would be open for the Applicant to avail of the mmj

apl-345-17(43) statutory remedies available in law. If any such application is filed, needless to state that the same would be tried on its own merits and in accordance with law.

[SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj