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Bombay High CourtAPPA/570/2021allowed

Central Bureau Of Investigation, Thr. Superintendent, Acb, Nagpur v. Awaish Ahemed S/O Hasib Siddiqui

2022-09-07Hon'Ble Shri Justice G. A. Sanap2 pages

32.appa.570.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO. 570 OF 2021 IN CRIMINAL APPEAL NO. ______ Central Bureau of Investigation, Nagpur.Vs. Shri Awaish Ahmed S/o. Hasib Siddiqui _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms M. R. Chandurkar, Advocate for the appellant Shri V. M. Gadkari, Advocate for the respondent CORAM :

G.A. SANAP, J.

DATE :

SEPTEMBER 07, 2022.

The appellant has questioned the correctness of judgment and order dated 26.02.2021 passed by the learned Special Judge (CBI) Nagpur, whereby the learned Judge was pleased to acquit the respondent of the offences punishable under Sections 7 and 13(2) r/w. Section 13(1)(d) of the Prevention of Corruption Act, 1988. It is the case of the appellant that the voluminous evidence placed on record has not been properly appreciated and taken into consideration by the trial Court. The learned Advocate for the appellant took me to the grounds of the challenge through the impugned judgment and order as well as the evidence.

2.

On going through the grounds of challenge to the impugned judgment and order, I am convinced that this is a fit case to grant leave to file appeal against the impugned

32.appa.570.2021.odt judgment and order. Accordingly, leave to file appeal against the impugned judgment and order is granted. Appeal be registered.

C RIMINAL APPEAL NO. ..................

3.

Heard.

4.

ADMIT.

5.

Issue notice to the respondent.

6.

Mr V. M. Gadkari, learned Advocate for the respondent waives service of notice on behalf of respondent. 7.

Call record and proceedings.

8.

The respondent is directed to appear before the trial Court on 22.09.2022.

9.

The learned trial Judge on appearance/surrender of the respondent shall grant him bail to his satisfaction. 10.

The office objections are not removed. The learned Advocate for the appellant to remove office objections within one week.

11.

If the office objections are not removed within one week, the appeal shall stands dismissed without reference to the Court.

JUDGE Namrata Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur