Shakil Ahmad Abdul Rashid Shaikh v. The State Of Maharashtra

1 /2 27-ABA-71-2016.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 71 OF 2016. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Vijay Desai for the applicant in ABA.

Smt. Anamika Malhotra, APP for the State.

Mr Vishal Gupta for the Intervener.

CORAM : A.S.GADKARI, J.

DATE : 24th FEBRUARY, 2016 P.C.

1) By a detailed order dated 18.1.2016 the applicant was granted the interim relief. The applicant was directed to attend the Investigating Officer and to co-operate with the Investigating Agency. The learned APP, on instructions, submitted that though the applicant attended the Investigating Officer on stipulated dates, he did not cooperate with the investigation. 2) The learned APP, on instructions, further submitted that after the applicant was protected by way of pre-arrest bail by the order of this Court, the applicant has indulged into similar types of offence and a crime bearing No.55/2016 for the offences punishable under sections 387, 504, 506 read with section 34 of IPC is registered with Chunabhatti Police Station, Mumbai against him. That the applicant has been arrested by the

2 /2 27-ABA-71-2016.doc police in the said CR No.55/2016 and is in judicial custody. It is, thus, clear that after grant of interim relief in favour of the applicant by an order dated 18.1.2016, the applicant has committed similar type of offence. It appears to me that the applicant has taken undue advantage of the protection granted by this Court. In view of the same, the applicant has become disentitled for continuation of any interim relief. The interim relief granted by an order dated 18.1.2016 is hereby vacated and consequently the present application is dismissed. (A.S. GADKARI, J.)