Amit S/O Suresh Gharde vs State Of Mah. Thr. Pso, Ps Ajni, ...
2023 Latest Caselaw 10182 Bom

2023:BHC-NAG:14419-DB


                                                                                                   J-Cri.W.P-716-2023.odt
                                                           1

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.
                      CRIMINAL WRIT PETITION NO.716 OF 2023

                PETITIONER                          :          Amit S/o Suresh Gharde
                                                               Aged about 32 yrs, Occ. Working as
                                                               Orthopaedic Surgeon at Kuhi
                                                               Primary Health Centre, Tah. Kuhi,
                                                               Distt. Nagpur, R/o Jaishankar
                                                               Sahniwas     Apartment,    Zenda
                                                               Chowk,     Chitnispura,    Mahal,
                                                               Nagpur.

                                                               ..VERSUS..

                RESPONDENT                          :          State of Maharashtra,                       through
                                                               P.S.O. P.S. Ajni, Nagpur.
               -----------------------------------------------------------------------------------------
                       Mr R. S. Renu, Advocate for Petitioner.
                       Mr M. J. Khan, Addl. P. P. for Respondent/State.
               --------------------------------------------------------------------------------------------------------

                      CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATE : 3rd OCTOBER, 2023.

ORAL JUDGMENT : (PER : VINAY JOSHI, J.)

. Heard finally by the consent of Mr R. S. Renu,

learned Counsel for Petitioner and Mr M. J. Khan, learned

Additional Public Prosecutor for Respondent/State.

2. The Petitioner, who is facing trial for the offence

punishable under Section 376 of the Indian Penal Code, TAMBE J-Cri.W.P-716-2023.odt

1860, seeks that the Trial Court shall direct the Prosecution

to supply the copies of photographs allegedly found in the

mobile seized from the Petitioner (Accused). It is

submitted that the Petitioner has applied to the Trial Court

for supply of the copies, but the Trial Court has not

decided the Application yet.

3. It reveals that so called photographs are perhaps

not the part of the charge-sheet. The learned Prosecutor

appearing in Trial Court, while resisting the application

demanding the photographs stated that there are clone

images. Basing on said reply of A.P.P., the Petitioner

(Accused) has asked for supply of copies so as to prepare

defence.

4. It is cardinal principle of criminal jurisprudence

that if the Prosecution is relying upon any material in

support of charge, the copies shall be supplied to the

Accused, which is a part of fair trial. In view of that if

Prosecution is relying on any clone images or intending to

TAMBE J-Cri.W.P-716-2023.odt

rely on clone images and experts report, then the copies of

the same needs to be supplied to the Accused. Keeping in

mind this position, we direct the Trial Court to decide

Application Exh-34, within a period of two weeks from the

date of receipt of this order. The Trial Court shall put

necessary conditions to protect the confidentiality of the

photographs if they pertains to the dignity of women.

5. In the light of above directions, the criminal writ

petition stands disposed of.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

Signed by: Mr. Ashish Tambe TAMBE Designation: PA To Honourable Judge Date: 04/10/2023 11:35:19