Anil Ishwar Kanojia And ORS v. The State Of Maharashtra

1 /2 ABA-1307-17-14 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1307 OF 2017 Anil Ishwar Kanojia 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. Niranjan Mundergi i/by K. D. Ambulkar for the Applicant. Mr. A.D. Kamkhedkar, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 5th January, 2018 P.C.

1.

By a reasoned Order dated 25.7.2017 the applicants were granted interim relief and were directed to report the concerned police station as and when called for by the Investigating Officer. By a subsequent Order dated 28.8.2017 the applicant No.1 was directed to report to the Investigating Officer on stipulated dates.

2.

The record indicates that the applicant No.1 has in fact attended the Investigating Officer on stipulated dates and has joined the process of investigation. The learned counsel appearing for the applicant on instructions submitted that on 12.9.2017 the police have seized the sridhan involved in the present crime at the instance of applicant No.1 by effecting a detailed panchanama and the custody of the applicant was sought by the prosecuting agency mainly for the purpose of recovery of said sridhan. The applicant No.1 is the husband, applicant No.2 is the mother-in-law and applicant No.3 is the married sister-in-law of the first informant Smt. Rajeshwari

2 /2 ABA-1307-17-14 Kanojia.

3.

After taking into consideration the aforesaid facts and the observations made by this Court in order dated 25.7.2017, in view of this Court for further investigation of the present crime, the custodial interrogation of the applicants is not necessary. 4.

In view of the above, the interim relief granted by Order Dated 25.7.2017 is confirmed. However the applicant No.1 is directed to attend the Investigating Officer as and when called for between 10.00 a.m. to 12.00 noon and to join the process of investigation till submission of charge sheet/final report. It is needless to mention that before calling the applicant to the police station, the concerned Investigating Officer shall issue a Notice under Section 160 of the Cr.P.C. 5.

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