Central Bureau Of Investigation ... vs Ravishekhar Bhaskar Londekar
2021 Latest Caselaw 435 Bom

                                                    1                           apeal105.18.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH AT NAGPUR

                     CRIMINAL APPLICATION (APPA) NO. 95 OF 2018
                                       AND
                          CRIMINAL APPEAL NO. 105 OF 2018
             (CBI THR. PI ACB, NAGPUR...VS. RAVISHEKHAR BHASKAR LONDEKAR)

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Office Notes, Office Memoranda of Coram,                             Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Ms Mugdha R. Chandurkar, Advocate for Appellant.
                            Shri S.P.Bhandarkar, Advocate for Respondent.


                                    CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : JANUARY 08, 2021.

CRI.APPLN.NO.95/2018.

Respondent was prosecuted in Regular Criminal Case No. 3704 of 2010 in which he came to be acquitted by the judgment delivered by the learned Chief Judicial Magistrate on 25th June 2013. Against the judgment delivered by the Chief Judicial Magistrate the accused had filed appeal before the Sessions Court which came to be allowed by the impugned judgment. Being aggrieved in the matter, the appellant-Central Bureau of Investigation has filed this appeal. Earlier this Court rejected the prayer of the appellant for grant of leave to file appeal against which the appellant had filed Criminal Appeal No.1058 of 2019, which is allowed by the Hon'ble Supreme Court by judgment dated 17th July 2019. While disposing the appeal the Hon'ble Supreme Court observed that considering the facts and circumstances of the case and the submissions made on behalf of the parties, the High Court should have granted leave to appeal and should have considered the matter on merits.

2 apeal105.18.odt

In view of the facts of the case, leave is granted.

Criminal Application is allowed accordingly.

CRI.APPEAL NO.105/2018.

Heard.

ADMIT.

Call R & P.

Shri S.P.Bhandarkar, Advocate waives notice for the respondent.

Action under Section 390 of the Code of Criminal Procedure be taken and compliance report be submitted to this Court before next date.

Learned Registrar (Judicial) shall ensure that R & P is received by this Court before 25th January 2021.

List the Criminal Appeal for final hearing on 2nd February 2021.

                          (AMIT B. BORKAR, J)                   ( Z.A.HAQ, J.)


  RRaut..