Hemant Shantilal Jain v. The State Of Maharashtra

aba.1484-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1484 OF 2018 Hemant Shantilal Jain ..Applicant Vs The State of Maharashtra ..Respondent ----- Ms. Priyanka Dubey for the Applicant.

Mr. Amit Palkar, APP for the State.

Mr. Samadhan Pawar, PSI, Dindoshi Police Station present. ------ CORAM : A.S.GADKARI, J.

DATE : 11th March 2019.

P.C.:

1] By a reasoned Order dated 3rd September 2018, the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. The learned APP on instructions submitted that the applicant has complied with the said condition.

2] Perusal of the record of investigation would indicate that, there were monetary transactions between the applicant and the first informant and when their relation got soured, the present crime has been registered with an allegation of robbery of rupees one lakh. 1/2

aba.1484-2018.doc 3] After perusing the record, if prima facie appears that, the possibility of false implication of the applicant in the present crime only with a view to cause undue harassment and to lower down his prestige in the society, cannot be ruled out and therefore, this Court is of the considered view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary. 4] In view thereof, interim relief granted by Order dated 3rd September 2018 is hereby confirmed.

However, the condition to attend the Investigating h8Officer is waived.

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