Haresh Gadepali Murthy v. The State Of Maharashtra

1 /2ABA-627-16-6 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 627 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. Santosh Sonawane for the Applicant.

Mrs. S.S.Kaushik, APP. for the State.

Mr.Vinit Jain for the Intervenor.

CORAM :A.S.GADKARI, J.

DATE : 23rd September, 2016 P.C.

1.

By an order dated 6.4.2016 the applicant was granted interim relief. The learned APP. on instructions submitted that the specimen handwriting of the applicant is taken by the Investigation Officer and the same has been sent to the handwriting expert for its opinion along with the disputed documents. The report of the handwriting expert is awaited.

2.

It is to be noted here that the alleged date of incident for use of documents is 4.8.2010 by the applicant and after the complainant-trust realized that the applicant had indulged in mal-practices he was removed from the General Body on 10.9.2013. The present crime is registered on 7.1.2016. As stated earlier the police have collected the

2 /2ABA-627-16-6 specimen signature of the applicant and have sent it to handwriting expert. In view of the above, the custodial interrogation of the applicant is not necessary. The interim relief granted by an order dated 6.4.2016 is hereby confirmed with a modification in Para 4(d) that the applicant shall attend the Investigation Officer as and when called for between 11.00 a.m. to 1.00 pm. till the filing of the charge sheet. It is needless to mention that before calling the applicant to the police station the Investigation Officer shall issue a notice under Section 160 of the Cr.P.C. 3.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)