← Library
Bombay High CourtABA/771/2018others disposed off

Dattatray Shankar Kashivale v. The State Of Maharashtra

2018-07-23Hon'Ble Shri Justice A.S. Gadkari2 pages

23.ABA.771.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.771 OF 2018 Mr. Dattatray Shankar Kashivale ... Applicant V/s.

The State of Maharashtra ... Respondent ---- Mr. V.V. Purwant for the Applicant.

Mr. Ameet Palkar, APP for the Respondent State. HC/190/P.M. Shinde, Kalyan Taluka, Police Station, Thane. CORAM : A.S.GADKARI, J.

DATE : 23rd JULY 2018 P.C.:

1.

By an order dated 18.04.2018 the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates.

2.

Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation.

3.

It is the contention of the applicant that he was working with the first informant, who is the practicing advocate, as his driver and Aarti Palkar 1/2

23.ABA.771.18.doc after the applicant left services of the first informant, present false crime is registered against him.

4.

After perusing the entire record, I find substance in the contention of the learned counsel for the applicant. The applicant in furtherance of the directions issued by this Court had attended the Investigating Officer and joined the process of investigation and therefore, this Court is of the view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary.

5.

In view thereof, interim relief granted by an Order dated 18.04.2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

6.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2