Sachin Shyam Jagtap v. State Of Maharashtra

1/2 1 ABA 1271-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1271 of 2022 Sachin Shyam Jagtap ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Vasant Ghorpade for the applicant.

Mr.Durgesh Jaiswal for respondent no.2.

Mr.S.V.Gavand, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 11th NOVEMBER, 2022 P.C:- On 13/5/2022, the applicant was admitted to interim protection subject to the condition that he shall report to the Investigating Officer. The protection continue till date. However, since he did not report to the Investigating Officer, on 3/10/2022, he was directed to report on 10th and 11th October 2022.

The learned counsel for the applicant state that he had reported to the Investigating Officer on 12/10/2022 and even his statement is recorded.

Tilak

2/2 1 ABA 1271-22.doc This development is not denied by the learned APP, but he is unable to make a statement whether the custodial interrogation is necessary.

Perusal of the order dated 13/5/2022 would reveal that this Court while admitting the applicant to ad-interim protection has taken note of delay of eight years of lodging the report with the specific submission advanced that there is no dishonest intention at the inception of the transaction, having regard to the relationship between the applicant and the First Informant and the Court found sufficient substance in this submission. Recording a prima facie case, ad-interim relief was granted.

I am persuaded to endorse the said prima facie opinion, since now the applicant has reported to the Investigating Officer, the said order deserves to be confirmed. The order dated 13/5/2022 is made absolute. Needless to state that the applicant shall continue to render his co-operation to the Investigating Officer.

( SMT. BHARATI DANGRE, J.) Tilak