Sudhir Bapu Sawant v. The State Of Maharashtra

aba.899-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 899 OF 2017 Sudhir Bapu Sawant ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Sujit Shelar i/b Aziz Khan for applicant. Mr. R.M. Pethe, APP for the Respondent/State. Ms. Vaishali Gangavde, PSI, Cuff Parade Police Station present. CORAM : A.S.GADKARI, J.

DATE : 4th JANUARY 2018.

P.C.:

1] By a reasoned Order dated 08.06.2017 the applicant was granted interim relief with a direction to attend the Investigating Officer on stipulated dates and to join the process of investigation. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the chargesheet.

3] The record indicates that, the role attributed to the present applicant is that, he directed the first informant to hand over cash of 1/2

aba.899-2017.doc Rs.25.00 lakhs to the co-accused Gaurav Pote and Pravin Kanti Rapukia during the period of demonetization and with a view to deposit the said cash amount in the a bank the applicant represented himself to be an employee of the Nationalized bank. The record indicates that, the applicant did not accept the said amount personally and it is under his direction the first informant handed over the cash to co-accused. After completion of investigation, the police have submitted chargesheet. 4] After perusing the record, this Court is of the view that for further investigation of the present crime, as contemplated under Section 173(8) of Cr. P.C., the custodial interrogation of the applicant is not necessary. In view of the above, the interim relief granted by an Order dated 8th June 2017 is confirmed. However, the condition to attend the Investigating Officer/concerned Police Station is hereby waived. 5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2