Decided on February 01,2017

Altaf Aftab Khan ; SUMEET GANPATRAO BACHEWAR Appellant


A.M.BADAR, J. - (1.) "Before we proceed to consider the case, we must remind ourselves the maxim "judex damnatur cum nocens absolvitur" which means that a Judge is condemned when a guilty person escapes punishment. But, at the same time, we cannot forget that credibility of the justice delivery system comes under severe strain when a person is put on trial only for acquittal........." These are observations of the Hon'ble Apex Court in the matter of Babubhai Bokhiria and Another vs. State of Gujarat and Others, reported in (2014) 5 Supreme Court Cases 568. Similarly, in Madan Mohan Singh vs State Of Gujarat and Another reported 2010 (8) SCC 628, the Hon'ble Apex Court has observed thus : "The criminal trial is not exactly a pleasant experience."
(2.) Keeping in mind these observations of the Hon'ble Supreme Court, let us examine whether revision petitioner / accused no.4 Sumeet Bachewar in Criminal Revision Application No.383 of 2016 and revision petitioner / accused no.5 Mohit @ Altaf Aftab Khan in Criminal Revision Application No.377 of 2016 can successfully assail the impugned common order dated 15th June 2016 passed by the learned Additional Sessions Judge 2, Thane, thereby rejecting their applications for discharge at Exhibit 161 and Exhibit 174 in Sessions Case No.281 of 2013.
(3.) Revision petitioners are arraigned as accused in Crime No.67 of 2013 registered at Vashi Police Station, District Thane, at the instance of First Informant Surjeet Surjansingh Kalra, Manager, S.K.Builders and Developers, Vashi, on 16th February 2013. Subsequently, the investigation in this crime came to be transferred to the Crime Branch, Mumbai. Ultimately, on completion of investigation, in all 14 accused persons are made to stand for the trial of offences punishable under Sections 302, 120B, 201 read with Section 34 of the IPC as well as under Section 3/25, 3/27 and 4/27 of the Indian Arms Act vide Sessions Case No.281 of 2013, registered in pursuant to the charge-sheet filed on completion of investigation by the police. To understand the prosecution case in better manner, it will be advantageous to name accused persons who are sought to stand the trial by the prosecution in the Sessions Case No.281 of 2013. They are Accused No.1-ig Venkatesh @ Kumar Ramu Chettiyar Accused No.2 - Emanuel Samuel Amolik Accused No.3 - Wajeed @ Zaheer Nambi Ahmed Qureshi Accused No.4 - Sumeet Ganpatrao Bachewar Accused No.5 - Mohit @ Altaf Aftab Khan Accused No.6 - Mohd. Anis Nasir Ansari @ Bhaijan Accused No.7 - Francis Devraj Chauri @ Rajiv Accused No.8 - Kailash Balaji Gumane Accused No.9 - Bhupesh Gupta Accused No.10 - Suresh @ Jawahar Chelaram Bijlani Accused No.11 - Arif Gulam Dastgir Shaikh Accused No.12 - Anurag Shivmohan Garg Accused No.13 - Mahesh Chelaram Bijlani Accused No.14 - Anil D'souza According to the prosecution case, an accused named Ashok is still absconding.;

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