Manoj Bhawarlal Jain v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.229 OF 2014 Manoj Bhawarlal Jain .. Applicant

Versus

The State of Maharashtra and others .. Respondents ...

Mr. Ramesh Ramamurthy with Saikumar Ramamurthy for the applicant.

Mr.Ashok M. Saraogi for respondent nos.2 and 3. Mr. R.M. Pethe, APP for the State.

Mr.Pratap Bandgar, PSI from Goregaon P.Stn present. CORAM: BHARATI DANGRE, J.

DATED : 30th MARCH 2021 P.C:- In furtherance of the order dated 16th March 2021, the Sr. PI, Goregaon police station has communicated to the learned APP vide his communication dated 30th March 2021 that the accused Suresh Champalal Sharma appeared before him and has tendered the following documents :- (i) An affidavit on 100 Rupees Stamp paper deposing that the original PAN card and driving licence is lost.

2/3 8 APPLN 229-14.doc (ii)Coloured photostat copy of PAN Card of Sureshbhai Champalal Sharma (iii) Coloured photostat copy of driving licence of Sureshbhai Champalal Sharma.

(iv) Coloured photostat copy and original Election Card and Voter Identification Card of Sureshbhai Champalal Sharma (v) Electricity Bill of Sureshbhai Champalal Sharma. (vi) Receipt in the name of Mukeshbhai Madhubhai Patel and in the name of Radheshyam Corporation issued by Ahmedabad Municipal Corporation.

Further, Ramesh Champalal Sharma has also placed on record the following documents :- (i) Affidavit on 100 Rupees stamp paper deposing that the original PAN card is lost.

(ii) Photostat copy of PAN Card of Rameshkumar Champalal Sharma (iii) Coloured photostat copy and original driving licence of Rameshkumar Champalal Sharma (iv) Coloured photostat copy and original Voting ID card of Rameshkumar Champalal Sharma (v) Electricity bill dated 3rd May 2019 of Rameshkumar Champalal Sharma

3/3 8 APPLN 229-14.doc (vi) Payment of property tax receipt in the name of Rameshkumar Champalal Sharma issued by Ahmedabad Municipal Corporation (vii) Receipt in the name of Harishbhai Shantilal Shah and in the name of Radheshyam Corporation. On the basis of the documents submitted and the investigation made with the accused persons, the learned APP state that the Investigating Officer is likely to file second supplementary charge-sheet within a period of one month. The learned APP, on instructions of the Investigating Officer, make a statement that till the investigation is completed, as and when the applicants are called for, they should attend the police station. Further insistence is their presence on the date, on which the charge-sheet is likely to be filed, on being intimated on the contact numbers supplied by the applicants, the applicants shall remain present before the Magistrate.

In light of the said statement and on ascertaining the fact that the applicants are co-operating with the Investigating Officer, the application for cancellation of bail filed by the complainant do not survive and is accordingly rejected. SMT. BHARATI DANGRE, J