AMITBHAI ANILCHANDRA SHAH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present application has been filed by the applicant for grant of regular ail under Section 439 of the Code of Criminal Procedure after the charge sheet is filed.

(2.) The applicant-accused is charged with having committed offences under Sections 365, 368, 302, 201 and 120B of IPC for which FIR, being RC BS1/S/2010/0004, has been registered with C.B.I., Mumbai (Criminal Case No. 5 of 2010 before the learned Magistrate).

(3.) Learned Sr. Counsel Mr. Ram Jethmalani appearing with learned Sr. Counsel Mr. ND Nanavati with learned advocate Mr. Kunan Naik for the applicant submitted that the applicant had preferred Criminal Misc. Application No. 137 of 2010 before the Special Judge (CBI) at Mirzapur, Ahmedabad which came to be rejected. Learned Sr. Counsel Mr. Ram Jethmalani submitted that it only displayed the lack of judicial balance and the learned Special Judge has not considered the material placed on record and has made observations which are not supported by any material and evidence and, therefore, the present application has been filed.