YOGESH ARUN WAKURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 04.03.2021, after briefly hearing the learned Advocates/prosecutor for the respective sides, we had passed the following order : -

(2.) Pursuant to our above order, the learned Counsel for the appellant - Yogesh submits, that his Criminal Appeal No. 74 of 2021 can be disposed off as being infructuous since he has been granted default bail by the trial Court on 06.03.2021. As such, Criminal Appeal No. 74 of 2021 is disposed off as being infructuous.

(3.) In the present Criminal Appeal No. 105 of 2021, the appellant is aggrieved by the direction of the trial Court, below Exh.1 in Special Case No. 99/2020, vide which, the trial Court has expressed an apprehension about the electronic evidence available as well as the production of the CDR / SDR record by a Cellular Service Provider. Further grievance of the appellant is, that the trial Court relied upon the statement of an alleged eye-witness, on the basis of which, the presence of the accused at the crime spot is alleged in between 12:00 noon to 01:00 pm on 19.08.2020. Shri. Salunke strenuously contends, that when the I.O. himself has submitted his report u/s 169 of the Code of Criminal Procedure (in short 'Cr.P.C.'), concluding on the basis of the electronic evidence, that the present appellant was 60 kms away from the crime spot during the same time frame when the crime occurred, the trial Court cannot sit over the independent view expressed by the I.O. and disbelieve the said evidence by relying on the word of mouth of an alleged eye-witness.