Sameer Umesh Salvi v. The State Of Maharashtra

aba.1112-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1112 OF 2018 Sameer Umesh Salvi ..Applicant Vs The State of Maharashtra & Anr ..Respondents ----- Mr. Naveen R. Chomal for the applicant.

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

Mr. Paras Vira for the respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 28th March 2019.

P.C.:

1] By a reasoned Order dated 12th June 2018 was granted interim relief and was directed to attend the Investigating Officer as and when called for, to join the process of investigation. 2] Heard the learned counsel for the applicant, the learned counsel for the respondent No.2 and the learned APP. Perused the record of investigation.

3] As noted in Order dated 12th June 2018, prima facie, it appears that, the alleged act as contemplated under Section 376 of Cr. P.C. was a consensual act between the applicant and the prosecutrix. The record of 1/2

aba.1112-2018.doc investigation indicates that, the condition imposed upon the applicant by Order dated 12th June 2018 is complied by him and he has co-operated in the process of investigation.

4] After perusing the record, this Court is of the opinion that, the custodial interrogation of the applicant for further investigation of the present crime is not necessary.

In view thereof, interim relief granted by Order dated 12th June 2018 is hereby confirmed.

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