Abhishek @ Lucky Ramsingh Handa And ANR v. The State Of Maharashtra

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICTION NO.1204 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Mr. Niranjan Mundergi for the Applicant.

Smt.P.P.Shinde, APP. for the State.

Mr. V.R.Patil, API from LCB Palghar Police Station present. CORAM : A.S.GADKARI, J.

DATE :

22nd January, 2016.

P.C.

By order dated 24.8.2015 the applicants were granted interim relief. The learned APP. on instructions submitted that the applicants have attended the Investigating Officer on the stipulated dates and has cooperated with the Investigating officer, in the process of investigation. That the applicants have also submitted all the necessary and relevant documents which were in their possession to the Investigating officer.

2) It appears that the applicants had entered into a MOU with Mr. Jamal Afsar Shaikh who claims to be the vendor of the property and as a matter of fact the applicants were never put in possession of the said property. It is to be noted here that the persons who were excavating the soil from the said plot of land which according to the prosecution belongs to the Government were arrested and

Nalawade A.S.

2 /2 interrogated. In view of the above, there is no reason for custodial interrogation of the applicants. Hence, the following order.

ORDER

a) The interim relief granted to the applicants by order dated 24.8.2015 is hereby confirmed.

b) The applicant shall attend the Waliv Police Station, Palghar as and when called for between 10.00 a.m. to 12.00 noon for the purpose of investigation.

c) It is needless to mention that before calling the applicant to police station, the Investigating officer to issue notice under Section 160(1) of the Cr.P.C.

d) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

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