[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1690 OF 2008 Central Bureau of Investigation, Belapur ..Applicant Vs. Vijay Krishna Chavan and Anr. ..Respondents ... Mr.A.S.Pai counsel for Applicant-CBI Mr.Manoj S.Mohite counsel for Respondent no.1 Mr.Y.M.Nakhwa A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 23, 2008 DATE : OCTOBER 23, 2008 DATE : OCTOBER 23, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the Central Bureau of Investigation, the learned counsel for the respondent-original accused and the learned APP for the State. 2. The respondent-accused is facing prosecution in RC No. 6/S/2005. The said case is pending before the Sessions Court at Khed. The said case pertains to death of one Mrs.Darshana Chavan who was wife of the present respondent no.1. Initially the case was investigated by Chiplun police station and the [-2-] charge sheet came to be filed. The respondent no.1 came to be granted bail in the said case by the Sessions Court Ratnagiri by order dated 4.1.2008. Thereafter the investigation in the said case came to be transferred to Central Bureau of Investigation. 3. Being aggrieved by the order granting bail, an application came to be preferred for cancellation of bail before the Sessions Court at Ratnagiri and bail granted to the Respondent-accused came to be cancelled by the learned Sessions Judge by order dated 4.1.2008. While advancing the submissions for cancellation of bail, reliance was placed by the Investigating Agency i.e. Central Bureau of Investigation on statements of two witnesses. Relying on those two statements, bail granted to the respondent-accused came to be cancelled. Being aggrieved thereby, the respondent-accused approached this Court. This Court set aside the order dated 4.1.2008 passed by the learned Sessions Judge, Ratnagiri and the matter was remanded back to the Sessions Court with direction that the application for cancellation of bail shall be heard afresh after affording reasonable opportunity of [-3-] hearing to both the parties. 4. Thereafter, the respondents preferred an application before the learned Sessions Judge for copies of the statements of two witnesses on which reliance was placed for getting the order of bail cancelled. The said application came to be allowed by the learned Sessions Judge by order dated 21.4.2008, hence, this application. 5. The learned counsel for Central Bureau of Investigation has stated that the investigation by Central Bureau of Investigation is yet going on and charge sheet is yet to be filed by the Central Bureau of Investigation, hence, copies of the statements of these two witnesses cannot be given to the respondent-accused. 6. It is seen that reliance was placed on the statements of these two witnesses in order to get the bail granted to the respondent-accused, cancelled. In the present case, the charge sheet had already been filed by the police and copies of the said charge sheet have already been given to the respondent-accused. No doubt, the said [-4-] investigation was carried out by the police and charge sheet had been filed by the police and thereafter pursuant to the order of the Division Bench of this Court, the investigation was transferred to Central Bureau of Investigation as it was felt that investigation had not proceeded along proper lines. Looking to the fact that reliance had been placed on statements of these two witnesses in order to get the bail granted to the respondent-accused cancelled, in the peculiar facts of this case, no infirmity can be found with the order of the learned Sessions Judge directing that the copies of the statements of these two witnesses be given to the respondent-accused, hence, application is rejected. 7. On request of the learned counsel for the Central Bureau of Investigation, ad-interim relief granted in terms of prayer clause (b) shall be continued for a period of four weeks from today. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]