This court, on application with reference to an acquittal order, directed the Sessions Court Registrar to release seized currency notes (Article A) to the complainant who had earlier filed the Sezession cases.
Registrar of Sessions Court Bombay directed to release currency notes worth Rs.2,79,790/- to Mr. V.V. Malhotra.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.609 OF 2008 IN CRIMINAL APPEAL NO.537 OF 2007
Vinod V. Malhotra & Anr. .... Applicants And State of Maharashtra. .... Appellant Vs. Raju @ Bapu @ Salim Wasant Walhekar. .... Respondent
Mr. Chetan Agarwal for the applicants.
Ms. M.M. Deshmukh, A.P.P. for the State.
Mr. Suresh Kumar for Union of India.
CORAM : SMT. RANJANA DESAI & DR. D.Y. CHANDRACHUD, JJ.
DATED : 28TH JULY, 2008.
P.C.:-
1. Applicant 1 – Mr. Vinod V. Malhotra is working in the Western
Railway in the capacity of Station Superintendent, Mumbai Central,
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Bombay. He is the original complainant in Sessions Case No.592 of 2004 and Sessions Case No.72 of 2005. It appears that in the year 2004 when the applicant was serving as Station Superintendent at Vile Parle Railway Station, the accused committed dacoity within the precincts of the Vile Parle Railway Station and decamped with huge amount of Rs.3,49,800/-. The accused were tried and, by order dated 21/2/2006, the accused were acquitted. The operative part of the impugned order reads as follows :
“1. The Accused No.1 Santosh Ramasingh and Accused No.2 Sechu Chandrika Pandey in Sessions Case No.592 of 2004 and the sole accused Raju @ Bapu @ Salim Wasant Walhekar stand hereby acquitted of the offences with which they are charged and for which they are tried.
2. The accused No.1 Santosh Ramasingh and the sole accused Raju Bapu @ Salim Wasant Walhekar in the companion matter are in jail. They be set it liberty forthwith unless their detention is otherwise warranted by law.
3. The accused No.2 Sechu Chandrika Pandey in the first matter is on bail. His bail bonds are cancelled and surety is discharged. Cash bail if any deposited by him be returned to him.
4. The Currency notes Article A and the Stapler
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machine Article 1 be returned either to PW1 Malhotra or any other responsible officer of the Western Railway as mentioned in the concluding paragraph hereof.
5. The cello tape Article 2 and Cardboard Article 3 be destroyed.
6. The Shirt Article 4 and Pant Article 5 be returned to the Accused No.1.
7. The photo album though not articled be returned to the accused No.2.
8. The order with regard to the disposal of the property to take effect after the period of appeal is over.”
Sessions Judge at Bombay.
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[SMT. RANJANA DESAI, J.]
[DR. D.Y. CHANDRACHUD, J.]
Vinod V. Malhotra & Anr.
State of Maharashtra
Raju @ Bapu @ Salim Wasant Walhekar
Ranjana Desai
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
