Single judge HC Bench admits Criminal Appeal allowing leave to file appeal after acquittal, noting error exists regarding tape recorded conversation and trap testimony.
Leave to file appeal allowed; Application allowed.
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appa99.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO.99/2019
The State of Maharashtra, through P.I. A.C.B., Wardha .vs. Madhukar s/o Vitthalrao Wairagade
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mrs. S. V. Kolhe, A.P.P. for applicant-State. Mr. S. K. Bhoyar, Advocate for non applicant.
CORAM : V.M. DESHPANDE, J. DATED : FEBRUARY 20, 2019
Heard Mrs. Kolhe, learned A.P.P. for applicant-State and Mr. Bhoyar, learned counsel for the non applicant.
Court below has acquitted non applicant of an offence punishable under Section 7, 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act. From the impugned judgment, it is clear that at the time of trap, when fingers of right hand of the respondent were dipped in solution, colour of said solution has changed to violet. The Court below has acquitted respondentaccused for not filing of tape recorded conversation on record. In my view, that needs a second thought.
In view of above, leave is granted to file the appeal. Hence, the application is allowed.
Criminal Appeal No. /2019
Heard.
Admit. Call record and proceedings.
JUDGE
kahale
The State of Maharashtra, through P.I. A.C.B. Wardha
Madhukar s/o Vitthalrao Wairagade
V.M. DESHPANDE
Kahale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
