Vasudeo Dashrath Ninave And ANR v. The Central Bureau Of Investigation And ANR

Urmila Ingale

24. apl 886.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.08.04 17:43:45 +0530 URMILA PRAMOD INGALE CRIMINAL APPLICATION NO. 886 OF 2023 Vasudeo Dashrath Ninave and anr.

..Applicants VS.

1. The Central Bureau of Investigation

2. The State of Maharashtra and anr.

..Respondents Mr. D.U. Mirajkar a/w Mr. Vikas Kapile and Ms. Prachi Mestry, for the Applicants.

Mr. Shreeram Shirsat a/w Mr. Tanveer Khan, Mr. Shekhar Mane, Ms. Adithi Rao, for Respondent No.1.

Mr. Y.M. Nakhwa, APP for the State-Respondent No.1. CORAM : M. S. KARNIK, J.

DATE : AUGUST 4, 2023 P.C. :

1.

Heard learned counsel Mr. Mirajkar appearing for the applicants and Mr. Shirsat, learned counsel appearing for the respondent no.1. I do not propose to deal with the matter in detail in view of the pursis filed by learned counsel for respondent no.1 duly signed by the concerned officer. Mr. Mirajkar fairly submitted that if the examination of the witnesses is being restricted to what is stated in the pursis, the applicant has no objection if order in terms of the pursis is passed and to that extent the order passed by the trial Court is modified. The order passed by the trial Court is modified as under: 1/2

Urmila Ingale

24. apl 886.23.doc "That the examination in chief of the proposed witness to be recalled i.e. P.W.1 Nikhil Chandra (Sanctioning Authority) will be restricted to showing Order of Approval u/s 17A of Prevention of Corruption Act, 1988 bearing ref.F.No. VIG/GEN-31(A)2017-18 ACC(G)/2433 and bearing ref. F.No. VIG/GEN-31(B)2017-18 ACC (G)/2480 dated 18.01.2019 with respect to both the Accused i.e. Vasudeo Ninave and J.S.Mondkar.

2. That the examination in chief of the proposed witness to be recalled i.e. P.W.9 Dr. Jiju the forensic expert will be restricted to seeking clarification about the difference of time wherein at some places +5.30 is mentioned & at some places it is not and why there is time difference of 5.30 hours."

2.

The pursis is taken on record and marked 'X' for identification. 3.

Application is disposed of.

(M. S. KARNIK, J.) 2/2