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70. As regards accused/Ashwani Sharma (A-6) the allegation is that most of the document including inspection reports, letters, election reports, affidavits, consolidated list of members resigned/enrolled members, receipts and payments, balance sheet etc used for revival of Swarn CGHS, were prepared on the hard disc of his computer, which has been confirmed by GEQD report. While the GEQD report in this respect (D-15) was already on record, the CBI also brought on record the additional document and additional list of witnesses with permission of the court. The additional document is the photocopy of search/seizure list dated 01.08.05 (original available in another societies case) in CBI Vs. Gokul Chand Aggarwal & Ors (Swarn CGHS) CBI No.77/08 respect of search conducted at office premises of accused/Ashwini Sharma in his presence vide which certain documents and 3 computer hard discs were seized. The names of witnesses S/Sh.Naresh Kumar Sharma, Ravinder Kumar Bansal and Dinesh Kumar Nijhavan have been mentioned in additional list of witnesses.

72. He has relied upon judgment of Hon'ble Supreme Court in Yogesh @ Sachin Jagdish Joshi Vs. State of Maharashtra, (2009)(1) SCC (Crl.) 51, in which it was held by Hon'ble Supreme Court that if two views are equally possible and the judge is satisfied that the evidence produced before him gives rise to suspicion only as distinguished from grave suspicion, he will be fully within his right to discharge the accused.

73. From the judgment relied upon by accused, it is clear that even the grave suspicion can be a ground for framing of charge. The fact narrated above and evidence arrayed by the prosecution prima facie show that accused/Ashwini Sharma was involved in the criminal conspiracy, as a result of which, the defunct society was got revived by accused persons on the basis of forged and fabricated documents. So far as the arguments of CBI Vs. Gokul Chand Aggarwal & Ors (Swarn CGHS) CBI No.77/08 ld.counsel about the evidentiary value of the document is concerned, same can be agitated at the time of final arguments based on evidence which may surface in trial and this is not the stage when court has to meticulously deal with the evidentiary value of the documents/hard disc recovered from possession of accused, on the basis of which, it is reasonable to believe that accused/Ashwini Sharma is involved in this case.