Bombay High CourtAPPA/371/2015allowed

Central Bureau Of Investigation Acb, Nagpur v. Shyamrao S/O Shrawan Sukhdeve And Another

2017-06-22Hon'Ble Shri Justice V.M. Deshpande2 pages

appa371.15 41

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.371 OF 2015 IN CRIMINAL APPEAL NO.................

Central Bureau of Investigation, ACB, Nagpur ..vs..

Shyamrao s/o Shrawan Sukhdeve and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Mrs. Mugdha Chandurkar, Counsel for the applicant. Shri Anil S. Mardikar, Senior Counsel with Shri Sumit Joshi, Adv. for non-applicant No.1.

Shri N.S. Khandewale, Counsel for non-applicant No.2. CORAM : V.M. DESHPANDE, J.

DATED : JUNE 22, 2017.

Heard learned counsel Mrs. Mugdha Chandurkar for the applicant, learned senior counsel Shri Anil S. Mardikar with Advocate Shri Sumit Joshi for non-applicant No.1, and learned counsel Shri N.S. Khandewale for non-applicant No.2.

This is an application for seeking leave to file appeal against judgment and order of acquittal passed by learned Special Judge, CBI Court (ACB), Nagpur in Special Case No.4 of 2009 dated 25.6.2014 acquitting both the non-applicants .....2/-

appa371.15 41 for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code.

Record shows that non-applicant No.1 has touched the marked notes and solution was turned purple. There is no plausible explanation offered by the accused persons in order to discharge statutory presumption.

In that view of the matter, prima facie I feel the matter needs re-consideration.

The criminal application is allowed.

Leave is granted to the applicant to file appeal. The criminal appeal is ADMITTED.

Learned senior counsel Shri Anil S.

Mardikar waives service on behalf of non-applicant No.1, and learned counsel Shri N.S. Khandewale waives service on behalf of non-applicant No.2. JUDGE !! BRW !!

...../-