Bacchu Alias Ajay Parshuram Kengar v. The State Of Maharashtra

23-aba-953-18 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.953 OF 2018 Bacchu @ Ajay P. Kengar vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H.A.Sathe for the Applicant.

Mr. Ashwin Kapadnis, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 09th July, 2018 P.C.

1.

By an Order dated 4.5.2018 the applicant was granted interim relief.

2.

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

3.

The offence as alleged against the applicant is under Section 323 read with 452 and other allied sections of the Indian penal Code. Section 323 is non cognizable and bailable offence. As far as application of Section 452 is concerned, it is very difficult to accept the story put up by Page-1/2

23-aba-953-18 the prosecution in view of the facts mentioned by the first informant.

4.

After perusing the record of investigation, this Court is of the considered view that, custodial interrogation of the applicant for investigation of the present crime is not necessary.

5.

Interim relief granted by Order dated 4.5.2018 is confirmed. However, the condition to attend the Investigating Officer is waived.

6.

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