LAWS(BOM)-2021-7-7

MAHENDRA @ BALU BHAGWAN MORE Vs. STATE OF MAHARASHTRA

Decided On July 07, 2021
Mahendra @ Balu Bhagwan More Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The challenge in this revision application is to the order dated 11/1/2018, passed by Additional Sessions Judge, Jalgaon below application Exh.7 in Sessions Case No.48/2017. By the impugned order, the application preferred by the applicant/ accused for discharge, came to be rejected.

(2.) Heard learned counsel for the applicant. Perused the relevant police papers.

(3.) Mr. S.P. Brahme, learned counsel for the applicant would submit that, there is no material to connect the applicant/ accused with the offence in question. He has been implicated simply on the basis of suspicion. CCTV footage of the happening at the hotel was very much available. The investigating officer has not collected the same. The Trial Court ought to have examined the CCTV footage. The Call Data Record (CDR) would not take the prosecution case further. The co-accused were staying in the hotel on their own. One of them is relative of the applicant. The learned counsel, therefore, urged for grant of the application and discharge of the applicant from the Sessions Case.