Deepak Purshotam Suhani And ORS v. The State Of Maharashtra

aba.1312-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1312 OF 2018 Deepak Purshotam Suhani & Ors.

..Applicant Vs The State of Maharashtra & Anr.

..Respondents ----- Mr. S.P. Kadam, for applicant.

Ms. Rutuja Ambekar, APP for State.

Ms. Shaila Pandey for the respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 11th April 2019.

P.C.:

1] Heard the learned counsel for the applicants at length, the learned counsel for the Intervener at greater length and the learned APP for the State. Perused the record.

2] By well-reasoned Order dated 6th July 2018, the applicants were granted interim relief and were directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. 3] As noted in the Order dated 6th July 2018, for the incident dated 29.11.2014 mentioned in the first information report a noncognizable offence bearing No.2602 of 2014 under section 507 of the 1/2

aba.1312-2018.doc Indian Penal Code has already been registered by the police. As far as the incident dated 3.4.2017 is concerned, the allegations made against the applicants gives rise for the offence under sections 452, 504, 507 read with 34 of the Indian Penal Code and for further investigation of the present crime, according to this Court, the custodial interrogation of the applicants is not necessary.

4] In view thereof, interim relief granted by Order dated 6th July 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

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