CENTRAL BUREAU OF INVESTIGATION Vs. PRADEEP BALCHANDRA SAWANT

JUDGEMENT

(1.) By judgment and order dated 26/6/2007, MCOCA Special Court, Pune, discharged Pradeep Bhalchandra Savant, accused 65 (for convenience, "A-65") from MCOCA Special Case No.2 of 2003 commonly known as Telgi Stamp Case of Bund Garden Police Station, Pune. The Central Bureau of Investigation (for short, "the CBI") preferred the present appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (for short, "the MCOCA") against the said order being aggrieved by the discharge of A-55. The Division Bench of this court (Dr. Radhakrishnan, J. and Smt. Roshan Dalvi, J.) heard this appeal and delivered separate judgments on 27/2/2008. While Justice Dr. Radhakrishnan concurred with the MCOCA Special Court and confirmed the discharge of A-65, Justice Smt. Roshan Dalvi set aside the discharge order and directed the MCOCA Special Court to frame charge against A-65 and proceed with the trial in accordance with law.

(2.) One Vashitha Rambhau Andhale, original accused 55 (for short, "A-55") in the said case was also discharged by the Special Court vide a separate order of the same date i.e. 26/6/2007. Being aggrieved by the said order, CBI preferred Appeal No.763 of 2007 to this court. That appeal was also heard by the same Division Bench of this court (Dr. Radhakrishnan and Smt. Roshan Dalvi, JJ.) In that case also, the Division Bench delivered separate judgments on 27/2/2008. While Justice Dr. Radhakrishnan concurred with the MCOCA Special Court and confirmed the discharge of A-55, Justice Roshan Dalvi set aside the discharge order and directed the MCOCA Special Court to frame charge against A-55 and proceed in accordance with law.

(3.) In view of the difference of opinion in accordance with section 392 of the Code of Criminal Procedure, 1973 (for convenience, "the Code"), the office placed this appeal along with Criminal Appeal No.763 of 2007 before the Hon'ble the Chief Justice (Shri Swatanterkumar, J. as His Lordship then was) for appropriate orders. The Hon'ble the Chief Justice directed that both the appeals be placed before me.