Matyagayandra Shivbahadur Singh v. The State Of Maharashtra

903_aba_1223_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1223 OF 2014 Matyagayandra Shivbahadur Singh ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Kedar Jaysingh Patil for the Applicant.

Ms A.T. Javeri, APP, for the Respondent State. Mr. S.D. Godase (I.O.), present.

CORAM: P.D. KODE, J.

DATED: JANUARY 15, 2015.

P.C:

1.

For the detailed reasons recorded in the order dated 25.9.2014, my predecessor has granted ad-interim protection in terms of section 438 of Code of Criminal Procedure in favour of the Applicant. The prosecution has not filed reply, but had shown the papers of investigation. Learned APP has submitted that since the documents containing the alleged forged signature is in possession of CIDCO, the investigating agency is not insisting for custody of the Applicant. However, his cooperation may be required for the purposes of investigation such as collection of specimen signature, etc. 2.

Having regard to the statement, the nature of the accusation and the evidence pertaining to same being primarily Megha 1 of 2

903_aba_1223_2014.doc embodied in the documents, it is difficult to perceive of there being a need of custodial interrogation of the Applicant. Having regard to it for the same reasons for which the ad-interim protection was granted by order dated 25.9.2014, the same is hereby confirmed on the earlier terms and conditions with further direction that in event of prosecution requiring specimen signature for the purpose of investigation then the Applicant shall extend cooperation, subject to his rights regarding the relevant aspect. The Applicant to continue to attend the I.O. on every alternate Monday and also on other day on which he would be specifically summoned by the I.O.

3.

The application stands disposed of.

(P.D. KODE, J.) Megha 2 of 2