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Bombay High CourtREVN/420/2024disposed off

Padmasinh Bajirao Patil v. Central Bureau Investigation And ANR

2024-09-06Hon'Ble Shri Justice R. N. Laddha3 pages

Digitally signed by GANESH SUBHASH LOKHANDE Date:

2024.09.10 19:21:49 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

GANESH SUBHASH LOKHANDE CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 420 OF 2024 Padmasinh Bajirao Patil ... Applicant vs.

Central Bureau of Investigation & Anr.

... Respondents WITH INTERIM APPLICATION (ST) NO. 19091 OF 2024 IN REVISION APPLICATION NO. 420 OF 2024 Anandidevi Bhupalsinh @ Pawanraje Nimbalkar ... Applicant

IN THE MATTER BETWEEN:

Dr. Padmasinh Bajirao Patil ... Applicant vs.

Central Bureau of Investigation & Anr.

... Respondents ***** Mr. Girish Kulkarni, Sr. Adv., a/w.

Madhusudan Parikh, Bhushan Mahadik, Pallavi Pukale and Manvita Malpekar, i/b. Mahadik & Associates.

Advocate for the Applicant in REVN/420/2024 Mr. Santosh S. Musale for the Intervenor in IA(ST)/19091/2024 Mr. Kuldeep S. Patil, a/w.

Sampada S. Patil, for the Respondent-CBI Ms. S. E. Phad, APP for the Respondent-State 1/3

***** CORAM : S. M. MODAK, J.

DATE : 6th SEPTEMBER 2024 P. C. :- 1.

The compilation of documents on behalf of the Applicant/ Accused No.1 as observed in the last order dated 25th August 2024, is taken on record.

2.

Learned Senior Advocate Mr.Kulkarni for the Applicant has invited my attention to the following documents: (a) The letter written by PW-18 - Dr.Rakesh Maria, on page No. 54 dated 5th May 2009.

(b) His evidence, on page No.46.

(c) Statement of Mr. Pravin Bhagat, Crime Branch Officer, on page No. 50.

(d) The evidence given by Mr.Bhagat, PW-93, page No.53. 3.

According to the submissions of both of them, the approver Shri Jain has given judicial confession and Mr.Patil contended that those judicial officers who have recorded them, were examined as witnesses. 2/3

4.

According to learned Senior Advocate Mr.Kulkarni, facts stated by Mr. Jain in his evidence were not part of the judicial confession. 5.

It is submitted that the Hon'ble Supreme Court has expedited the hearing of the trial. The Trial Court refused permission to the Accused to examine few of the Crime Branch Officials. The legality of this order is under challenge. This Court may accept their request or may not accept.

6.

The Central Bureau of Investigation wants to file reply. They are at liberty to file reply. Copy be served on other sides. 7.

Stand over to 20th September 2024, "High on Board". INTERIM APPLICATION (ST) NO. 19091 OF 2024 IN REVISION APPLICATION NO. 420 OF 2024 8.

Not on board. Taken on board.

9.

Heard both the sides. The Respondent No.1 wants to intervene. It is allowed.

10.

Interim Application (ST) No.19091 of 2024 is disposed of .

[S. M. MODAK, J.] 3/3