Ashafaque Khan Firaz Khan v. State Of Maharashtra Thr. Police Station Officer Police Station Akot Dist. Akola

revn86.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION NO.86/2017 Ashfaque Khan ..vs.. State of Maharashtra through PSO P. S. Akot, Akola _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R. J. Shinde, Advocate for applicant.

Mrs. M. H. Deshmukh, A.P.P. for respondent-State. CORAM : V.M. DESHPANDE, J.

DATED :

JULY 28,2017 This revision is challenging an order passed by the learned Additional Sessions Judge, Akot dated 29.06.2017 by which the learned Sessions Judge rejected the application below Exh.-60 in Sessions Trial No.10/2012.

Heard Mr. Shinde, learned counsel for the applicant. He submits that except the statement of the co-accused there is no other evidence available against the present applicant. The learned counsel made available a copy of the charge-sheet. Perusal of the charge-sheet shows that the submission of Mr. Shinde, learned counsel for the applicant is incorrect. There is a statement of one Bhaskar who is servant of the main accused Dr. Rathod. His statement shows that as per the plan of Dr. Rathod, the present applicant accompanied him and they made a phone call to other accused and demanded good quality of notes from one Narayan who

revn86.17.odt is also one of the accused so that it will be easy for them to circulate the same in the market. There are statements of other witnesses also pointing out the name of the appellant.

The charge can be framed even on the grave suspicion. It is not necessary that at the time of framing of the charge, evidence should be beyond reasonable doubt.

In that view of the matter, I find no substance in the present revision. The same is therefore rejected. JUDGE kahale