1 Cri.Rev.No.37 of 2011

with

Cri.Rev.No.48 of 2011

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL REVISION APPLICATION NO.37 OF 2011

The State of Maharashtra,

Through : Senior Inspector,

Sangamner City Police Station,

Dist. Ahmednagar

APPLICANT

VERSUS

Kailash Hindurao Sawant,

Age-35 years, R/o.Shere,

Taluka Karad, Dist. Satara

RESPONDENT

WITH

CRIMINAL REVISION APPLICATION NO.48 OF 2011

Sahakar Maharshi Bhausaheb Thorat

Sahakari Sakhar Karkhana Ltd.,

Amrutnagar, Tq.Sangamner,

Dist. Ahmednagar,

Through its Assistant Chemist,

Bhaskar Shankar Pansare,

Age-50 years, Occu-Service,

R/o.Ghulewadi, Tq.Sangamner,

Dist. Ahmednagar

APPLICANT

VERSUS

1. Kailash Hindurao Sawant,

Age-35 years, R/o.Shere,

Taluka Karad, Dist. Satara

2. The State of Maharashtra,

RESPONDENTS

2 Cri.Rev.No.37 of 2011

with

Cri.Rev.No.48 of 2011

Mr.G.R.Ingole, learned A.P.P. for State.

Mr.A.Q.Ansari, learned counsel for respondent in first revision and

respondent no.1 in the second revision.

Mr.V.R.Dhorde, learned counsel for applicant in second revision.

(CORAM : A.V.POTDAR, J.)

DATE : 06/04/2011

PER COURT :

1.

Being aggrieved by the order passed below Exh.398 in S.C.No.

2/2009, vide its order dated 21/12/2010, by the Additional Sessions

Judge, Sangamner, Dist. Ahmednagar, State has preferred Criminal

Revision No.37/2011 while the original complainant have preferred

Criminal Revision No.48/2011. As both these criminal revisions are

arises out of the same order, questioning the correctness of the same

order, both the criminal revisions to be disposed of by way of common

order.

2.

Heard learned A.P.P. for State, so also learned counsel

Shri.Dhorde, learned counsel for the applicant in Criminal Revision

No.48/2011, so also learned counsel for respondents in both the

revisions.

3.

Such of the facts as are necessary for the decision in these

revisions can be summarized as follows :

At 4.00 a.m., in the intervening night of 04/10/2010 and

3 Cri.Rev.No.37 of 2011

with

Cri.Rev.No.48 of 2011

05/10/2010, some persons have committed roberry in Godown No.16

of Maharshi Bhausaheb Thorat Co-operative Sugar Factory and

during the process, stolen 8215 sugar bags from the said godown.

Accordingly, complaint was lodged in Sangamner City Police Station,

Sangamner. On the basis of said complaint, an offence was

registered vide CR No.I-204/2008 for an offence punishable u/s. 395

of The IPC. Subsequently, offences u/s. 397, 457 and 380 of The IPC,

were added in the said CR. The said CR was registered against total

13 persons including the respondents. It appears that present

applicant was arrested in connection with the said CR on

08/05/2009. During investigation, certain statements of witnesses

were recorded. After completion of investigation, charge sheet was

filed in the Court of J.M.F.C. Sangamner, and then the trial was

committed to the Court of Sessions.

4.

It appears that an application at Exh.398 was moved by the

respondent herein for his discharge from the said trial. This

application was moved u/s. 227 of The Cr.P.C. After hearing learned

A.P.P. for State u/s. 226 of The Cr.P.C., about the case of

prosecution, so also the counsel for respondent u/s. 227 and 228 of

The Cr.P.C.