P.R.Bhatkar vs Cbi on 23 January, 2012

[Cites 7, Cited by 1]

Punjab-Haryana High Court

P.R.Bhatkar vs Cbi on 23 January, 2012

Bench: Rakesh Kumar Garg

Criminal Revision No.2740 of 2009 (O&M)                          1




              IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                            Criminal Revision No.2740 of 2009 (O&M)
                            Date of decision:23.01.2012

P.R.Bhatkar                                                ....Petitioner
                                   Versus

CBI                                                        ....Respondent

CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG


Present:      Mr. Jatinder Nagpal, Advocate, for the petitioner.
              Mr. S.S.Sandhu, Advocate, for the respondent-CBI.


                     ***

RAKESH KUMAR GARG, J (ORAL)

The accused in case bearing RC No.1(E)/2008 dated 17.5.2008 under Sections 120-B, 420, 467, 468, 471 IPC and Section 13(2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988, Police Station CBI/EOW-I. New Delhi, is facing trial which is pending.

An application was moved on behalf of the petitioner before the trial Court for releasing documents which were recovered by CBI vide search list dated 17.07.2008 which reads as under:-

i) One passport bearing No.E9590012

ii) 02 Telephone diaries big size pages (1 to 119) torn condition and small size containing pages (1 to 61).

iii)Locker Key No.213 of Locker No.232 of Mr. P.R.Bhatkar and his family at Canara Bank Kandiwali West Branch, Mumbai.

iv)One bunch of papers showing payments made to lodha group of companies containing pages (1 to 17).

Criminal Revision No.2740 of 2009 (O&M) 2

v) Agreement for sale made between M/s Lodha Construction Dombivali of Mr. Prafull Rohidas Bhatkar, Smt. Prachi Praful Bhatkar on 21/9/2004 (Pages 1 to

29).

vi)08 FDR seized as per Annexure-1 (Photostat copy of Annexure 1 prepared by CBI is enclosed herewith).

On an application filed by the petitioner, the following documents have been ordered to be released on Sapurdari to applicant/accused subject to his furnishing Sapurdari Bonds in the sum of Rs.10 Lacs with one surety in the like amount undertaking to produce such articles in the Court as and when directed.

i) 02 Telephone diaries big size pages (1 to 119) torn condition and small size containing pages (1 to 61).

ii) One bunch of papers showing payments made to lodha group of companies containing pages (1 to 17).

iii)Agreement for sale made between M/s Lodha Construction Dombivali of Mr. Prafull Rohidas Bhatkar, Smt. Prachi Praful Bhatkar on 21/9/2004 (pages 1 to

29).

iv)08 FDR seized as per Annexure-1 (Photostat copy of Annexure 1 prepared by CBI is enclosed herewith).

The instant petition has been filed challenging the aforesaid order for the following relief:-

"It is therefore prayed that the revision petition may kindly be allowed and the above said documents and articles may kindly be released without imposing any condition by modifying the impugned order. It is further prayed that the petitioner may kindly be allowed to operate the Criminal Revision No.2740 of 2009 (O&M) 3 locker and to used the articles lying therein and further to get encashed the amount of the FDRs and to used the same."

The conditions imposed by the Court are quite reasonable.

In this view of the matter, no case is made out for modifying the impugned order as prayed.

Dismissed.

January 23, 2012                               (RAKESH KUMAR GARG)
savita                                               JUDGE

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