LAWS(BOM)-2023-8-330

SHAM BHIVRAO THOMBARE Vs. STATE OF MAHARASHTRA

Decided On August 19, 2023
Sham Bhivrao Thombare Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned APP for the respondent-State.

(2.) The applicant has impugned the order dtd. 28/3/2022 by the learned Additional Sessions Judge, Beed, below Exh.7, in Special Case No.89 of 2021, rejecting the application for discharge.

(3.) Learned counsel for the applicant has vehemently argued that the applicant is neither the Director nor the employee of the so called Shubhkalyan Multi State Co-Operative Credit Society, Hawargaon. However, he being the brother of one of the Director has been falsely arraigned as an accused in the crime. His brother is serving in one sugar factory in accounts department. She read the statement of one witness namely Ranjit Sudamrao Muley and vehemently argued that he has made a wrong statement. In fact, the applicant was never present at Shubhkalyan Multi State Co-Operative Credit Society. The material collected by the Investigating Officer is not sufficient to frame the charge against him. Her arguments reveals that she has denied the presence of the applicant at credit society and tried to convince the Court that he has no concern with the Co-operative society. He cannot be arraigned as an accused in the present crime. Hence, he is liable to be discharged.