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Bombay High CourtABA/981/2017others disposed off

Nasir Nisar Shaikh v. The State Of Maharashtra

2018-01-05Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2 ABA-981-17-5 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.981 OF 2017 Nasir Nisar Shaikh 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.S.Kadu for the Applicant.

Mr.R.M.Pethe, APP for the Respondent-State.

CORAM :A.S.GADKARI, J.

DATE : 5th January, 2018 P.C.

1.

By a reasoned Order dated 8.6 2017 the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates. The record indicates that the applicant has complied with the said directions and has jointed the process of investigation. The allegation against the applicant is that the applicant is indulging in act of transporting animals and thereafter take them for slaughtering. It is the further allegation that on the date of incident the applicant was passing through the said road and he did not stop his vehicle inspite of the request made by the villagers. The record indicates that there is no overt act attributed against the applicant.

2.

After taking into consideration the facts of the present case, this Court is of the view that, for further investigation of the present crime the custodial interrogation of the applicant is not necessary.

3.

In view thereof, the interim relief granted by Order dated

2 /2 ABA-981-17-5 8.6.2017 is confirmed. However, the condition to attend the concerned police station is hereby waived.

4.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)