NOORUL HUDA MAQBOOL AHMED Vs. RAM DEO TYAGI

JUDGEMENT

(1.) Leave granted.

(2.) The order passed by the Bombay High Court confirming the order passed by the Additional Sessions Judge, Greater Bombay allowing the discharge application preferred by Accused No. 1, Ram Deo Tyagi, Lahane Bhagwan Vyankatrao (A-2), Sawant Subhash Namdeo (A-4), Santosh S. Koyande (A-6), Chandrakant B. Raut (A-8), Anil Narayan Dhole (A-14), Satish Kumar B. Naik (A-15), Ganesh Bhaskar Satvase (A-16) and Anant Keshav Ingale (A-17) is in challenge here. Against the aforementioned order of discharge passed by the Trial Court, the present Appellant Noorul Huda Maqbool Ahmed had filed a revision before the Bombay High Court and the High Court dismissed the said revision. That is how the Appellant is before us. We would prefer to refer to the accused persons by their respective positions before the Trial Court.

(3.) It has to be noted that the aforementioned discharge order by the Trial Court was not challenged before the High Court by the State of Maharashtra and in fact they chose to support the order. Even before us on a specific plea having been made, the learned Counsel appearing for the State of Maharashtra has chosen to support both the orders by the Trial Court as well as the High Court.