1 REVN 412.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL REVN. APPLICATION NO. 412 OF 2011 Central Bureau of Investigation. ... Applicant. V/s. Ashwani Pishorilal Sharma And Anr. ... Respondents. Mr. Eizaz Khan a/w. Mr. Mandar Goswami for the Applicant. Mr. Santosh Pandey i/b. M/s. SBG & Assoc. for Respondent 1. Mrs. M.M. Deshmukh, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 29th AUGUST 2011. P.C. :- Refusal to grant Police Custody by the learned Special Judge by order dated 23rd August 2011. The prosecuting agency is before this Court. 2. A report was filed by the complainant alleging the person by name Rajesh Ranjan called him somewhere in May, 2011 informing that there is a complaint against the complainant with C.B.I. lodged by one Rajesh Ranjan and Bina Shah and the matter was investigated by Ashwani Kumar Sharma, who is CBI Officer, is in connection with the inquiry of the said case. 2 REVN 412.11.sxw 3. Based on the said complaint, the investigation was carried and Investigators stumbled accused Ashwani Kumar Sharma at Panipat. He was allegedly arrested on 21st August 2011 and under transit remand from J.M.F.C. dated 24.8.2011, he was produced before the learned Special Judge at Bombay on 23rd August 2011. 4. During the course of submissions, the learned Prosecutor informs, after the accused being taken in judicial custody, raids were carried at his residence and certain incriminating articles including some papers concerning CBI are traced. Learned Prosecutor rightly submits that the verasity of these documents is to be inquired into from the Respondent - Accused. It is informed, the Respondent Ashwani Kumar Sharma, working as a CBI Officer, is yet to be confronted with other CBI officers and also to ensure there was any collaboration and league between its official with said Ashwani Kumar Sharma. In the set of above features, refusal for police custody by the learned Special Judge was not in the parameter as was expected. The order is set aside. The Respondent Ashwani Kumar Sharma is allowed to be taken in police custody for a period of 5 (five) days. The learned Special Judge be communicated accordingly. 5. The request for stay of the order is rejected. (K.U. CHANDIWAL,J.)