ASHWINI KUMAR SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent no.2-CBI. The petitioner is arraigned as an accused in FIR in connection with Criminal Special Case CBI No. 68 of 2013 pending before the Session Special CBI Court. The offence is under Ss. 420, 120B, 419, 384 of the Indian Penal Code, 1860 read with Sec. 8 of the Prevention of Corruption Act, 1988. The challenge in this petition is to the impugned order dtd. 29/12/2023 which reads thus:

(2.) The petitioner is issued with disability certificate which is at page 38 of the paper-book in respect of the head injury wherein it is recorded that he is suffering from 83% disability. In an earlier round of litigation where the petitioner had sought permission to record the evidence through video conferencing, this Court by order dtd. 03/11/2023 in Criminal Writ Petition Stamp No. 18758 of 2023 passed the following order.

(3.) So far as the physical condition of the petitioner is concerned, even CBI conducted the physical verification of the petitioner when it was revealed that the disability suffered by the petitioner was in fact in terms of what is recorded in the disability certificate. For convenience, the report of the physical verification of the petitioner is reproduced which reads thus :