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Bombay High CourtREVN/34/2024allowed

Omprakash@Babloo@Arun Vishwanath Prasad Shrivastav v. The State Of Maharashtra

2024-06-24Hon'Ble Shri Justice S. M. Modak2 pages

11. REVN 34 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 34 OF 2024 Omprakash@Babloo@Arjun Vishwanath Prasad Shrivastav ...Applicant vs.

The State of Maharashtra

...Respondent

***** Senior Advocate Raja Thakare a/w Adv. Chaitanya Kotnis a/w Dhananjay Kandharkar Advocate for the Applicant Mr. A. D. Kamkhdekar APP for the Respondent-State ***** CORAM : S. M. MODAK, J.

DATE : 24th JUNE 2024 P. C. :- 1.

It is true that this Court has recorded submission, firstly, on 26/03/2024, learned APP was granted time to take instructions. Secondly, on 02/04/2024 also time was granted. At that time, the concerned Officer was on sick leave. Today also he sought time. 2.

It is true that the Officer who has done investigation and filed charge-sheet is already transferred. Now learned APP has to file an affidavit on the basis of the charge-sheet papers alongwith assistance of by SEEMA KSHITIJ YELKAR Date:

2024.06.26 18:10:42 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

11. REVN 34 OF 2024.doc the officer who is deputed by Crime Branch, Unit 2, Pune. 3.

There are 15 accused. The present Applicant is accused no. 9. All are on bail. The Applicant is undergoing the sentence in another offence and he is in jail at Uttar Pradesh. He apprehends that charge will be framed because matter is old. Even it is framed, it will be subject to the outcome of the revision.

4.

I am granting last chance to the prosecution to file an affidavit. If on the next date, an affidavit will not be filed, then cost of Rs. 10,000/- will be imposed.

5.

Matter be kept on 15th July 2024.

[S. M. MODAK, J.] Seema 2/2