Bombay High CourtABA/477/2017others disposed off

Shabbir Ismail Shaikh v. The State Of Maharashtra

2017-04-26Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond aba.477-2017.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO. 477 OF 2017 Shabbir Ismail Shaikh Vs/ State of Maharashtra ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Ms. Afshang G. for applicant..

Mrs. J.S. Lohokare, APP for Sate.

Mr. S.C. Chavan, PSI, RCF Police Station present. CORAM : A.S. GADKARI, J.

DATE : 26th April 2017.

P.C.:

1] The applicant was granted interim relief by an Order dated 27th March 2017.

2] It is the prosecution that, the applicant inappropriately touched the first informant when she was returning from tuition classes and therefore Section 354 is applied. The incident occurred on 9th December 2016 and the first information report was lodged on 16th December 2016. 3] Taking into consideration the first information report and the record of investigation, the custodial interrogation of the applicant for further investigation of the present crime is not necessary. In view thereof, the interim relief granted by Order dated 27th March 2017 is hereby confirmed. 4] However, the applicant is directed to attend the Investigating Officer as and when called for between 11.00 a.m. to 1.00 p.m and to join the process of

Dond aba.477-2017.sxw investigation till the submission of final report/chargesheet. It is needless to mention that, before calling the applicant to the police station, the Investigating Officer shall issue notice under Section 160 of Cr. P.C. specifying the date and aforestated time.

5] The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

6] The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)