Uday Suresh Shah v. The State Of Maharashtra

aba.597-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 597 OF 2018 Dr. Uday Suresh Shah ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Shirish Gupte, Senior Advocate a/w Rucheeta Dhruv I/b K.P. Shah for Applicant.

Mr. Pravin Gaikwad for Intervener.

Mr. Ajay Patil, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 22nd November 2018.

P.C.:

1] By a reasoned Order dated 27th March 2018, the applicant was granted interim relief.

2] Heard the learned Counsel for the applicant the learned counsel for the Intervener and the learned APP. Perused the record. 3] The Co-Ordinate Bench (Shri P.N. Deshmukh, J.) while granting interim relief in Order dated 27th March 2018 has observed that, the prosecutrix was treated for her psychological disorder and her parents were advised to keep watch on her. The medical report submitted by B.J. Government Medical Colledge and Sassoon General Hospitals, Pune prima 1/2

aba.597-2018.doc facie do not substantiate the case of forcible sexual assault on the prosecutrix. The record indicates that, in pursuance of Order dated 27.3.2018 the applicant has attended the Investigating Officer and has cooperated in the process of investigation. The medical test and other related tests have been conducted by the Investigating Agency. In view of the above and for the reasons recorded in Order dated 27th March 2018, this Court is of the view that, the custodial interrogation of the applicant for further investigation of- the present crime is not necessary.

4] In view thereof, interim relief granted by Order dated 27th March 2018 is hereby confirmed.

5] Application is allowed in the aforesaid terms. 6] In view of Order passed in A.B.A. No.597 of 2018, the Criminal Application No.556 of 2018 for intervention does not servive and the same is accordingly disposed off.

(A.S.GADKARI, J.) 2/2