Shailesh Vijay Singh And ORS v. The State Of Maharashtra

1 /2 21-aba-912-16.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 912 of 2016. Shailesh Vijay Singh and Ors Vs. The 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 M. K. Kocharekar, for the applicants.

Smt. S.S. Kaushik, APP for the State.

CORAM : A.S.GADKARI, J.

DATED : 29th August, 2016 P.C.

1) The learned APP, on instructions, submitted that in pursuance of an Order dated 1st July, 2016 the applicants have attended the Investigating Officer on the stipulated dates and have joined the process of investigation. After perusal of the first information report, it is difficult to accept that an offence under section 354 of the IPC is prima facie made out. The incidents which have been mentioned in the first information report are from the years 2006 to 2009 and various complaints are lodged in 2011. There is no specific mention in the first information report about the alleged act as contemplated under section 354 of the IPC. 2) In view of the above, this Court is of the opinion, that the custodial interrogation of the applicants is not necessary. The interim relief granted by an Order dated 1st July, 2016 is hereby confirmed. However, the applicants are directed to attend the Investigating Officer as and when

2 /2 21-aba-912-16.doc called for between 11:00 a.m. to 4:00 p.m. till filing of the charge-sheet. It is needless to mention that before calling the applicants to the police station, the concerned police officer shall issue notice under section 160 of Cr.P.C.

3) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)