The State Of Maharashtra v. Sandeep Vasant Jadhav And ORS

11 Revn 411-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 411 OF 2015 The State of Maharashtra ... Applicant V/s.

Sandeep Vasant Jadhav & Ors.

... Respondents Ms. Anamika Malhotra, A.P.P. for the State.

Mr. Prashant Badole for Respondent Nos.1, 2 and 3. CORAM : A. V. NIRGUDE, J.

DATE : 16th NOVEMBER, 2015.

P.C. :

This Revision Application will not survive due to passage of time. This Revision challenges order dated 24.07.2015, refusing police custody remand of the accused. Thereafter, the accused were taken in Magisterial custody and were released on bail long back. The investigation now must have been over. I am unable to accept or agree to the contention of State of Maharashtra that at this stage by allowing this Revision, the accused should be sent to police custody for the purpose of investigation etc.. I am afraid, investigation is a process which takes place in most of the cases immediately after the offence is registered and thereafter accused are arrested. The respondent-accused was in custody for at least 24 hours. Investigation Officer ought to have completed the investigation during that time. Due to passage of time he has practically lost that opportunity. I am not inclined to interfere in the impugned order.

The Revision Application is dismissed.

(A.V.NIRGUDE, J.) wsw 1/1