Shankar Ganesh Dutta And Ors vs Central Bureau Of Investigation
2023 Latest Caselaw 11757 Bom

Bombay High Court

Shankar Ganesh Dutta And Ors vs Central Bureau Of Investigation on 28 November, 2023

Author: Prithviraj K. Chavan

Bench: Prithviraj K. Chavan

                                                       9-125-2017-Revn=.doc



Uday S. Jagtap


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

       CRIMINAL REVISION APPLICATION NO. 125 OF 2017

 Shankar Ganesh Dutta & Ors.                          .. Applicants

          Vs.

Central Bureau of Investigation                       .. Respondent

                                      .....
None for the applicants
Ms. Diksha Ramani h/f Hiten Venegavkar for the respondent - CBI
- SCB
                              .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 28th NOVEMBER, 2023

P.C.

1. The operative part of the order dated 24th August, 2015

passed by the Additional Sessions Judge / Special Judge (CBI) on

24th August, 2015 reads thus :-

"1. Appeal is partly allowed.

2. Order of acquittal passed in CC No.18/P/1993 on 25.04.2006 by Ld. Addl. Chief Metropolitan Magistrate, Esplanade, Mumbai against respondents is therefore set aside. However, matter is remitted back to the Ld. Trial Court for the reasons discussed above. Ld. Trial Court is expected to frame charge fairly, properly and according

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to law to provide opportunity to both sides to lead evidence, if any, and then proceed with matter according to law.

3. Parties are therefore directed to appear before Ld. Trial Court on 28.09.2015. Till then bail bond and P.R. Bond furnished by the respondents / original accused will continue.

4. R & P be sent back.

5. Inform Ld. Trial Court accordingly.

6. Cri. Appeal stands disposed off accordingly."

2. Subsequently, the Chief Metropolitan Magistrate, Esplanade

Court, Mumbai vide judgment dated 1 st August, 2017 passed the

following order. The operative part of the order reads thus :-

"1. Accused no.1 Shankar Datta and accused no.2 Babloo Acharya, accused no.6 Uttam Shimpankar and accused no.7 Raj Narayan F. Kanojia are hereby acquitted under Section 248(1) of Code of Criminal Procedure for the offences punishable under Sections 120-B & 465, 472, 474, 475 r/w 120 of Indian Penal Code.

2. Their bail bonds stands cancelled.

3. Muddemal including all articles and documents shall not be destroyed until conclusion of trial against absconding accused nos. 3, 4, 8 and 10.

4. In view of u/s. 437-A of Cr.P.C., their bail bonds shall continue for next six months for their presence, if required before this Court or Appellate Court as the case may be."

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3. Learned Counsel for the respondent no.1 - CBI submits that

in view of the judgment passed by the Additional Chief

Metropolitan Magistrate, the present Revision Application shall

become infructuous.

4. Since none appeared for the applicant today, list on 4th

December, 2023. First on Board.

5. If none appear on the next date, necessary orders would be

passed.

(PRITHVIRAJ K. CHAVAN, J.)

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