Nooruddin Khan S/O Late Naseeruddin Khan v. The State Of Maharashtra

ssm 1 17-aba877.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.877 OF 2018 Nooruddin Khan s/o. Late Naseeruddin Khan ....Applicant.

Vs.

The State of Maharashtra & Anr.

....Respondents.

Mr. Niranjan Mundargi I/by Amitkumar Tiwari for the Applicant. Ms. J.S. Lohokare APP, for the Respondent­State. Mr. Dinesh Tiwari I/by Dinesh Tiwari & Associates for the Respondent No.2.

Mr. P.S. Mane, PSI, Byculla Police Station.

CORAM : A. S. GADKARI, J.

DATE : 8th AUGUST, 2018.

P.C.:­ By an order dated 26th April, 2018, the Applicant was granted interim relief and was directed to attend the Investigation Officer on stipulated dates.

Heard the learned counsel for the Applicant, the learned counsel for the Respondent No.2 and the learned APP. Perused the record of investigation.

The record indicates that, the brothers of the Applicant namely Farooq Ali Khan and Himayath Ali Khan, who are co­accused in the present crime and have been attributed with the same and 1/2

ssm 2 17-aba877.18.doc similar role, have been granted pre­arrest bail by the learned Sessions Judge by its order dated 13th April 2018.

The role attributed to the Applicant is same and/or similar to that, as has been assigned to the said co­accused. The record further indicates that, in pursuance of the order dated 26th April, 2018, the Applicant has attended the Investigating Officer and joined the process of investigation. Even otherwise, for the investigation of the present crime, the custodial interrogation of the Applicant is not necessary, as it is solely based on documents and most of the documents are in the possession of the Government Authorities. In view thereof, the custodial interrogation of the Applicant for the further investigation of the present crime is not necessary.

Interim relief granted on 26th April, 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) by S S Mashalkar Date: 2018.08.20 17:55:14 +0530 S S Mashalkar 2/2