530.21WP 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 CRIMINAL WRIT PETITION NO.530 OF 2021 BABAN SHANKAR BHOSALE & ANOTHER VERSUS THE STATE OF MAHARASHTRA & OTHERS ... Advocate for the petitioners : Mr.S.S.Jadhavar h/f. Mr.S.R.Shirsat APP for Respondent-State : Mr.N.B.Patil Advocate for Respondent no.4 : Mr.N.B.Narwade … CORAM : SANDIPKUMAR C. MORE & VAISHALI PATIL-JADHAV,JJ. DATE : 04.09.2026 P.C. : 1] The learned APP, on instructions, submits that one Constable Mr. Durge has already misplaced vital evidence against one of the accused, namely, Bhagchand Lalchand Sakla. However, he further added that Mr.Sakla is no more, and therefore, even if such evidence is gathered, by any method, no purpose will be served since criminal proceedings against Sakla is already abated. 2] The learned counsel for the petitioners submits that he would take instructions from his client as to whether 2026:BHC-AUG:41302-DB 530.21WP 2 there are any other documents. However, the misplaced documents are only in respect of Sakla, who is no more, and therefore, even if the other documents of Sakla will not suffice any purpose. The learned counsel for the petitioners further added that there are other accused also. 3] However, on going through the record, it appears that the said Constable Durge had carried muddemal in respect of the accused Sakla and the documents in respect of other accused might be there on record. Under such circumstances, the proceedings against other accused may go on, but no fruitful purpose will be served even if the documents carried by Mr.Durge are traced out since accused Sakla is no more. Therefore, the Petition, which is only in respect of the documents against accused Sakla, can be disposed of by imposing suitable penalty on the errant Constable Mr.Durge i.e. respondent no.4. Accordingly, we impose penalty of Rs.60,000/- on the respondent no.4 i.e. Police Constable, namely, Mr.Durge, B.No.1927 and the said amount of Rs.60,000/- be deposited by the respondent no.4 before the trial Court within one month. After said amount is 530.21WP 3 deposited, the learned trial Court shall distribute the same amongst 15 victims. 4] Accordingly, the Criminal Writ Petition stands disposed of. [VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE] JUDGE JUDGE DDC