Swaraj Khem Singh v. C.B.I (B.S. And F.C.), Mumbai

43-apl-1289-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1289 OF 2018 Swaraj Khem Singh ] Applicant Vs.

1. C.B.I [B.S & F.C., Mumbai] ]

2. The State of Maharashtra ] Respondents .....

Mr. Rishi Bhuta i/b Mr. A. Dube with Ms. Arti Bhoir a/w Anurag Ghag, for the Applicant.

Ms. Aneeta Kuttikrishnan, for Respondent No.1-C.B.I. Mr. P.H. Gaikwad A.P.P for the Respondent No.2 - State. .....

CORAM : REVATI MOHITE DERE, J.

DATE : 19TH NOVEMBER, 2019.

P.C. :

By this application, the applicant has impugned the order dated 26th September, 2018 by which the learned Special Judge, C.B.I, City Civil and Sessions Court, Greater Mumbai was pleased to frame charge as against the applicant and other accused.

2.

Learned Special Prosecutor for the C.B.I states that after charges were framed as against the applicant, trial has

43-apl-1289-2018.odt proceeded. She submits that the C.B.I has examined its first witness i.e P.W.1 and that the cross-examination of P.W.1 is over. She submits that the next date in the trial Court is 17th December, 2019, when the trial Court has directed the next witness to remain present.

3.

Considering the fact that the trial has commenced and evidence of the first witness is over, it would not be appropriate to decide this application at this stage. Accordingly, the application is dismissed. It is made clear that this Court has not heard the aforesaid application on merits. 4.

Needless to state that all contentions of the applicant raised in this application are kept open.

5.

The application is accordingly disposed of.

[REVATI MOHITE DERE, J.]