1. “Before we proceed to consider the case, we must remind ourselves the maxim “judex damnatur cum nocens absolvitur” which means that a Judge is condemned when a guilty person escapes punishment. But, at the same time, we cannot forget that credibility of the justice delivery system comes under severe strain when a person is put on trial only for acquittal.........”

These are observations of the Hon'ble Apex Court in the matter of Babubhai Bokhiria and Another vs. State of Gujarat and Others, reported in (2014) 5 Supreme Court Cases 568. Similarly, in Madan Mohan Singh vs. State Of Gujarat and Another reported 2010 (8) SCC 628, the Hon'ble Apex Court has observed thus :

“The criminal trial is not exactly a pleasant experience.”

2. Keeping in mind these observations of the Hon'ble Supreme Court, let us examine whether revision petitioner/accused no.4 Sumeet Bachewar in Criminal Revision Application No. 383 of 2016 and revision petitioner/accused no.5 Mohit @ Altaf Aftab Khan in Criminal Revision Application No. 377 of 2016 can successfully assail the impugned common order dated 15th June 2016 passed by the learned Additional Sessions Judge 2, Thane, thereby rejecting their a