Matyagayandra Shivbahadur Singh v. The State Of Maharashtra
sgp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 345 OF 2015 IN ANTICIPATORY BAIL APPLICATION NO. 1223 OF 2014 Matyagayandra Shivbahadur Singh ...Applicant..
VERSUS
State of Maharashtra
...Respondents.
...
Mr Kedar J. Patil a/w Ms Trupti A. Bharadi, Advocate for applicant Mrs S. S. Kaushik, APP for respondent/State ...
CORAM :
V. L. ACHLIYA, J.
DATE :
30th June, 2015.
Per Court:
.
Heard learned Counsel for the respective parties. 2.
The present application is filed with a limited prayer to relax or set aside the condition to attend the Investigating Officer on every alternate Monday, imposed by this Court vide order dated 15th January, 2015 passed in Anticipatory Bail Application No. 1223 of 2014.
3.
The learned Counsel for the applicant pointed out that FIR was registered on 26th August, 2014. Interim anticipatory bail was granted in favour of the applicant vide order dated 25th September,
2014. Vide order dated 15th January, 2015, the Court was pleased to dispose of the application after recording the statement of Investigating Officer that, the custody of the applicant is not required in the matter and the presence of the applicant is required only for the purpose of collecting the specimen signatures. On due consideration of the statement made, the application was allowed in terms of the interim bail granted earlier with further direction to co-operate with Police for the purpose of obtaining specimen signatures etc. While finally deciding the application, the additional condition was imposed that the applicant to attend the Investigating Officer on every alternate Monday and also on other day on which he would be specifically summoned by the Investigating Officer. Learned Counsel for the applicant submits that, the condition of attending the Investigating Officer for an indefinite period is causing hardship to the applicant. The charge-sheet is also yet to be filed.
3.
Learned APP for the State has supported the order of imposing condition and granting anticipatory bail in favour of the applicant. Learned APP submits that the imposition of such conditions will ensure availability of the applicant for further investigation as well as conclusion of trial.
4.
Having appreciated the submissions advanced in the light of the order passed earlier, I am of the view that the condition of attending the Investigating Officer on every alternate Monday without prescribing outer time limit liable to be modified. The offence was registered in the year 2014. Although the period of about 10 months is over, still the investigation is not completed. Looking to the nature of allegations against the applicant, the attendance of the applicant at Police Station on every Monday is not justified. I am, therefore, inclined to allow the application to the limited extent to relax the condition of attending the Investigating Officer on every alternate Monday and is accordingly allowed. The applicant is directed to attend the Investigating Officer as and when directed by the Investigating Officer for the purpose of investigation.
5.
The application stands disposed of in above terms with no order as to costs.
[ V. L. ACHLIYA, J. ]