Shaileshkumar S/O. Ambalal Patel v. State Of Maharashtra

Dond 1/2 aba.1070-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.1070 OF 2016 Shaileshkumar s/o Ambalal Patel Vs. The State of Maharashtra ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. A.M. Saraogi for applicant.

Mr. Deepak Thakare APP for State.

CORAM : A.S. GADKARI, J.

DATE : 21st September 2016.

1) By an Order dated 28.6.2016, the applicant was granted interim relief. After perusing the papers of investigation and after hearing the learned counsel for the respective parties, the submissions advanced by the learned counsel for the applicant are recorded in Order dated 1st September 2016. In pursuance of the statements made by the learned counsel for the applicant on 1st September 2016, as per record, the applicant has deposited Rs.35 lacs in the Registry of this Court within the stipulated period.

2) According to the prosecution the applicant is the beneficiary of the said amount in the present crime and for recovery of the said amount, the custody of the applicant is being sought. In view of the fact that the applicant has now deposited the said amount in this Court, according to me the custodial

Dond 2/2 aba.1070-2016.sxw interrogation of the applicant is not necessary. Interim relief granted by Order dated 28.6.2016 is hereby confirmed. However, the applicant is directed to attend the Investigating Officer as and when called for between 11.00 a.m. to 2.00 p.m. till filing of chargesheet. It is needless to mention that before calling the applicant to the police station, the concerned Investigating Officer and/or responsible officer shall issue notice under Section 160 of Cr. P.C. 3) The amount so deposited by the applicant with the Registry of this Court is without prejudice to his rights and contentions to be raised at the time of trial and the same has been deposited only with a view to prove the bonafide of the applicant as has been recorded in Order dated 1st September 2016. 4) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)