Jiyarul Babar Sheikh v. State Of Maharashtra

aba.765-207.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 765 OF 2017 Jiyarul Babbar Sheikh ..Applicant Vs The State of Maharashtra & Anr.

..Respondents ----- Mr. R.S. Deshpande for the applicant.

Mr. R.M. Pethe , APP for State.

Mr. Patil, PSI, L.T. Marg Police Station present. CORAM : A.S.GADKARI, J.

DATE : 19th March 2019.

P.C.:

1] By an Order dated 4th July 2017, the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. 2] Heard the learned counsel for the applicant and the learned APP for the State. Perused the record investigation. 3] The first information report is lodged by a jeweller. His contention is that, after a period of about one year, he realized that the ornaments which were pledged with him by the applicant were fake. It appears from the record that, there is something more behind the screen 1/2

aba.765-207.doc than the transaction mentioned in the first information report. There is no receipt on record to show that the applicant in fact had accepted Rs.2,75,000/- from the first informant.

4] In view of the above, this Court is of the opinion that, the custodial interrogation of the applicant for further investigation of the present crime is not necessary.

Interim relief granted by Order dated 4th July 2017 is hereby confirmed.

However, the condition to attend the Investigating Officer is waived.

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