Sunny Mahesh Doshi v. The State Of Maharashtra

1 /2 908-aba-849-17 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 849 OF 2017 Mr. Sunny Mahesh Doshi ...Applicant.

vs.

State of Maharashtra and anr.

...Respondents.

Mr. P.P. Desai for the Applicant.

Mr. S.S.Hulke,APP for the State.

Mr. Sanjay Kulkarni for Respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 22nd February, 2018 P.C.

1.

By Order dated 12.5.2017 the applicant was directed to attend the Investigating Officer on stipulated dates i.e. initially on Monday 15.5.2017 and Wednesday 17th May 2017 between 11.00 a.m. to 1.00 p.m. and subsequently on every Monday and Wednesday of the month till the next date.

2.

The learned counsel appearing for the first informant submitted that the the applicant has breached the said conditions and the said fact is revealed to the first informant after receiving the information under Right to Information Act.

2 /2 908-aba-849-17 3.

The learned APP. on instructions from the Investigating officer submitted that the applicant has breached the condition imposed upon him and did not remain present before the Investigating officer on nine occasions. Thus, it is apparent that, the applicant has shown scant respect towards the order passed by this Court while getting the interim protection and has breached the conditions imposed upon him. This cannot be countenanced.

4.

In view thereof, the interim relief granted by Order dated 12.5.2017 is hereby vacated and as a consequence thereof the application is also dismissed.

5.

The learned counsel for the applicant made a prayer that effect and implementation of the present order may be stayed. After taking into consideration the aforestated conduct of the applicant, the said prayer is rejected. (A.S.GADKARI, J.)