Rafik Hajarat Shikalgar v. The State Of Maharashtra

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.06.14 18:37:54 +0530 11 aba 2496 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2496 OF 2021 Rafik Hajarat Shikalgar ...

Applicant versus The State of Maharashtra ...

Respondent Mr. Ganesh K. Sovani, for Applicant.

Mr. P.H.Gaikwad, APP, for State.

CORAM: N.J.JAMADAR, J.

DATE :

th JUNE, 2022 P.C.

1.

Heard the learned Advocate for the Applicant and the learned APP for the State.

2.

The Applicant has preferred this Application for pre-arrest bail in connection with C.R.No.401 of 2021 registered with Vita Police Station for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

3.

By an order dated 22 nd October, 2021 the Applicant was granted prearrest bail. The learned Advocate for the Applicant submits, that in the intervening period, post completion of investigation, charge sheet has been lodged. The learned APP confirms this position and submits that the charge-sheet has been lodged on 11 th December, 2021.

4.

As the investigation is complete for all intent and purpose, and in the SSP 1/2

11 aba 2496 of 2021.doc backdrop of the nature of the accusation, the custodial interrogation of the Applicant does not seem to be warranted. I am, therefore, impelled to make the interim order dated 22 nd October, 2021 absolute. Hence, the following order :

ORDER

(i) The Application stands allowed.

(ii) The interim order dated 22 nd October, 2021 granting pre-arrest bail to the Applicant stands confirmed on the same terms and conditions. (iii) In addition, the Applicant shall regularly attend the proceeding before the jurisdictional Magistrate.

( N.J.JAMADAR, J. ) SSP 2/2