Ganesh Shankar Mhatre v. The State Of Maharashtra

1 901.3357.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3357 OF 2018 Ganensh Shankar Mhatre .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Gaurav Parkar advocate for the applicant Ms. S. S. Kaushik APP for the State Mr. Nitin Keshav Jadhav, SDPO Pen CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 29, 2019.

P.C.

The Investigating Officer in the crime in question has tried to assist this Court through the learned APP so as to demonstrate the motive behind the crime in question which under Section 302 of the Indian Penal Code. The deceased in the present case was lastly seen together appears to be the bone of contention in the prosecution story which is sought to be confirmed on the basis of CCTV footage and the blood stains on the clothes seized from the accused. At this stage, the learned APP informs that report of the

2 901.3357.18 ba.doc Chemical Analyser speaks of blood stains and submits that supplementary charge-sheet is submitted in the Sessions Court and a copy of which is not made available to the applicant. The Investigating Officer through the learned APP assures that further investigation is intended to be carried out as regards the motive of the applicant in the commission of crime in question. In view of above, application stands disposed of without appreciating the merits.

Liberty to the applicant to approach afresh before the Sessions Court, after period of four months from today. The Sessions Court will have regard to all the facets of the matter including the evidence, if any, brought on record through supplementary charge-sheet and shall decide the application without being influenced by the disposal of this application.

[NITIN W. SAMBRE, J.]