Owais Abdullah Khan v. The State Of Maharashtra

JAYARAJAN ANJAKULATH NAIR Date: 2022.03.11 12:23:40 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 22 IA-721.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.721 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.445 OF 2021 Owais Abdullah Khan ] ... Applicant Vs.

The State of Maharashtra ] ... Respondent ...

Mr. Umar Dalvi i/b Mr. Ali Bubere for the applicant. Mr. Ajay Patil, A.P.P. for the State.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 07TH MARCH, 2022.

P.C. :- 1.

By the present application, the applicant seeks relaxation of condition of attendance as directed by this court in its order dated 06/10/2021, when he was released on bail.

2.

Condition No.3 in the order dated 06/10/2021 reads as under:

AJN

2/2 22 IA-721.22.odt "(iii) Till the charge-sheet is submitted, applicants shall, initially for two weeks, appear before Investigating Officer on every Wednesday between 10.00 a.m. to 12.00 noon and thereafter on every Monday between 10.00 a.m. to 12.00 noon or as and when directed."

3.

On reading of the said clause, the attendance of the applicant on every Monday between 10.00 a.m. to 12.00 noon, is an option made available as against the requirement of the Investigating Officer to summon the applicant directing him to present himself before the Investigating Officer.

4.

Learned A.P.P. on instructions from the officers of EoW, with whom the investigation is now entrusted, states that the applicant had complied with the directions of the court and attended the police station in terms of clause No.3. Since the investigation is now over, the Investigating Officer is not desirous of having his attendance on every Monday as directed, and since an option was given by this court to summon him as and when necessary, the Investigating Officer shall seek his attendance as and when necessary.

5.

With the aforesaid modification, the application is disposed off.

[SMT. BHARATI DANGRE, J.] AJN