Bombay High Court
Nikhil Sudam Malekar vs The State Of Maharashtra And Anr on 24 June, 2019
Author: A.M.Badar
Bench: Indrajit Mahanty, A.M.Badar
9 apeal 587-19=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 587 OF 2019
Nikhil Sudam Malekar ... Appellant
V/s.
The State of Maharashtra & Ors. ... Respondents
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Mr. Ashok Mundargi, Senior Counsel I/b Sachindra Shetye a/w
Priyanka Chavan for the Appellant.
Mrs. M.M. Deshmukh, APP for the Respondent/State.
Mr. Vikrant Shinde for Respondent No.2.
Ranjit Shinde I/b Kiran Patil for Respondent No.3.
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CORAM : INDRAJIT MAHANTY &
A.M.BADAR, JJ.
DATE : 24TH JUNE, 2019 P.C.
1. During the course of hearing, learned Senior Counsel has pointed out call details records of accused persons in order to buttress his contention that there was no phone call exchanged between Accused No.1 and Accused No.2 at the time of incident. He submitted that after 11.56 am of 2 nd June 2018, in fact there was no call exchanged between these accused persons to infer conspiracy. As against this, learned APP submitted that some SMS were exchanged between these accused persons and cell phones are submitted to Sneha Chavan 1/2 ::: Uploaded on - 25/06/2019 ::: Downloaded on - 26/06/2019 00:51:47 ::: 9 apeal 587-19=.doc Regional Forensic Science Laboratories, Ganeshkhind, Pune vide letter dated 11th September 2018 and report thereof is just awaited.
2. In this view of the matter, in order to decide instant Criminal Appeal, we direct Computer Science Laboratories, Ganeshkhind, Pune to conduct forensic examination of cell phone submitted to them vide letter dated 11th September 2018 by the Sub-Divisional Police Officer, Wai District Satara in Crime No. 153 of 2018 registered with Police Station, Wai District Satara within a period of two weeks from today and to submit a report thereof to the Sub-Divisional Police Officer, Wai District Satara. We direct the Sub-Divisional Police Officer, Wai to carry authenticated copy of this order for submitting the same to Computer Forensic Science Laboratories and to take expeditious steps in getting report.
3. On next date, the Sub-Divisional Officer is directed to produce such report before this Court.
4. Stand over to 10.07.2019.
(A.M.BADAR, J) (INDRAJIT MAHANTY, J) Sneha Chavan 2/2 ::: Uploaded on - 25/06/2019 ::: Downloaded on - 26/06/2019 00:51:47 :::