[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.306 OF 2008 Uday Chavan ..Applicant Vs. CBI/ACB Mumbai and Anr. ..Respondents ... Mr.V.N.Shingnapurkar advocate for applicant Mr.R.F.Lambay Counsel for Respondent No.1 Mr.H.J.Dedia APP for State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused no.2 and Mr.Lambay, the learned counsel for the CBI/ACB. 2. The applicant is aggrieved as the xerox copy of the stock statement came to be exhibited by the Court as Exh.42. The case of the applicant is that Exh.42 has been wrongly exhibited as it is not the original and it is the xerox copy of the original, hence, it is prayed that said document be de-exhibited. The case of the respondent CBI/ACB is that the xerox copy of the original was with accused. The learned counsel for CBI submitted that the evidence of complainant PW 1 Bangmar shows that the original of xerox copy which is exhibited, [-2-] is in custody of the accused no.2 and hence Exh.42 which is the xerox copy of the same document on which the accused has given acknowledgement, has been rightly exhibited. 3. It is seen that the said document has been numbered as Exh.42. The learned Sessions Judge has observed that it is not germane to the case as the case rests upon the trap panchnama. The learned Sessions Judge has further observed that it would be open for the accused to argue on the point regarding the admissibility of the document at the time of final hearing i.e. after the statement under Section 313 of Cr.P.C. is recorded. In view of the fact that the learned Sessions Judge has clearly observed that the admissibility and evidentiary value of the document will be considered at the time of judgment and after hearing the accused on the point of admissibility of the document, I see no reason to interfere at this stage, hence, application is rejected. 4. All contentions of the parties are left open. Interim stay granted earlier, stands vacated forthwith. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]