Bahubali Tatyaso Dhamane v. State Of Maharashtra
by SATISH RAMCHANDRA SANGAR Date:
2024.03.03 04:15:21 +0530 SATISH RAMCHANDRA SANGAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 66 OF 2023 Irfan Husain Miyan Qazi ...Applicant vs.
The State of Maharashtra
...Respondent
Mr.Majeed Memon a/w Ms.K.Joseph, Mr.Taoish Jain, Mr.Khalil Girkar i/b. Mr.Kishan Choudhari - Advocates for Applicant. CORAM :
S. M. MODAK, J.
DATE : 11th MARCH 2024 1.
Heard the remaining arguments by learned Advocate Shri.Majid Memon for the Applicant.
2.
As noted down in the last order, he has filed compilation of the relevant statements forming part of the first charge-sheet. According to him, Mr.Asrar Pathan who is supervisor, he was scot-free and in fact, there are sufficient materials on record to show that he was supervisor appointed by Accused No.1 - Kohinoor Developers. He placed those vouchers and relevant documents. Marked as Annexure-X. 3.
He read over the observations about the difference in between 1/4
Section 304-A and 304 of Indian Penal Code, 1860 ["IPC"] as per the judgment in case of Abdul Salim Shaikh (Siddique) and Another v/s. The State of Maharashtra1. He also read over the observations in case of Shantibhai J. Vaghela and Anr. v/s. State of Gujarat and Ors.2 (Para No.19).
CRIMINAL REVISION APPLICATION NO. 107 OF 2023 Yunus Razzak Shaikh ...Applicant vs.
State of Maharashtra and Anr.
...Respondents
Mr.Ashish P. Agarkar - Advocate for Applicant. Learned advocate for the Applicant has already closed his arguments.
CRIMINAL REVISION APPLICATION NO. 144 OF 2024 Bahubali Tatyaso Dhamane ...Applicant vs.
The State of Maharashtra
...Respondent
Criminal Bail Application No.850 of 2014 & Ors : 28th October, 2014 : Bombay High Court 2012 AIR SCW 6349 2/4
Mr.Sultan Khan a/w Mr.Bhavesh Ameta i/b. Mr.S.M.M.Owais T. Jahagirdar - Advocates for Applicant.
1.
On behalf of Applicant - Dhamane, one compilation of documents is filed on record. It is taken on record. Its copy is given to other side.
2.
Heard the arguments advanced by learned Special Public Prosecutor Mr.Amin Solkar in all the Revision Applications. He read over the observations in following judgments :- (i) State of Tamilnadu by Ins. of Police Vigilance and Anti Corruption v/s. N. Suresh Rajan and Ors.3 (ii) Prakash Digambar Lanjekar v/s. The State of Maharashtra4 (iii) G. A. Rajegauda v/s. State of Maharashtra5 (iv) Ghulam Hassan Beigh v/s. Mohammad Maqbool Magrey and Ors.6 It is on the point of duty of the Court while framing a charge and assessing the materials.
3.
He placed on record compilation of additional documents. It is MANU/SC/0011/2014 Criminal Revision Application No.340 of 2016:22nd September, 2022:Bombay High Court Criminal Revision Application No.642 of 2016:10th July, 2018:Bombay High Court MANU/SC/0920/2022 3/4
taken on record and marked as Annexure-Y. Copy is given to other side.
4.
For paucity of time, for hearing remaining arguments by learned Special Public Prosecutor, stand over to 19th March, 2024. To be listed at 2.30 p.m.
[S. M. MODAK, J.] 4/4