Bombay High CourtABA/608/2016allowed

Wasudeo S/O Ghanshyam Suryawanshi v. State Of Maharashtra, A.C.B. Wardha

2016-09-28Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 ABA 608.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.608 OF 2016 [Wasudeo s/o Ghanshyam Suryawanshi .vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.B. SHUKRE, J.

DATED : SEPTEMBER 28, 2016.

Heard Shri Shashibhushan Wahane, the learned counsel for the applicant and Shri T.A. Mirza, the learned A.P.P. for the non-applicant. Perused the complaint and the case diary, particularly the transactions of conversations between this applicant and the complainant. The reply filed by the prosecution is taken on record.

It appears that this case is based upon, what the main accused Chauhan has been stating, and so far as this applicant is concerned, as of now, there is no material available on record which indicates that this applicant had made any demand from the complainant. The record of conversations between the complainant and this applicant nowhere shows that this applicant, at any point of time, demanded any bribe from the complainant either for himself or for main accused or both. That apart, this applicant has also given his cooperation to the investigating officer. In this situation, in my view, interim relief granted on 11.9.2016 needs to be confirmed. Hence, the order : The application is allowed and the interim relief granted earlier to the applicant vide order dated 11.9.2016 is hereby confirmed on same conditions.

JUDGE Gulande

2 ABA 608.16.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, P.A. Uploaded on : 29.09.2016