Yogesh Sudhakar Kadam And ORS v. The State Of Maharashtra

aba.1637-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1637 OF 2017 Yogesh Sudhakar Kadam & Ors ... Applicants V/s.

The State of Maharashtra ... Respondent ----- Mr. H. Kumar for the Applicants.

Ms. A.A. Takalkaar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 4th JANUARY 2018.

P.C.:

1] By a reasoned Order dated 18.09.2017 the applicant was granted interim relief with a direction to attend the Investigating Officer on stipulated dates and to join the process of investigation. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] It is the allegation against the applicant that, due to some earlier quarrel the applicants barge into house of the first informant Sunil Hirve and gave kick and fist blows. The medical certificate issued by the 1/2

aba.1637-2017.doc Medical Officer, Rural Hospital, Virar, District-Palghar shows that the injuries received by the first informant are abrasions, blunt trauma and are in simple in nature. Prima facie, it is difficult to ascertain whether Section 307 of the Indian Penal Code can be attracted to the present crime. It appears that the investigation of the present crime is practically on the verge of completion. The record reveals that the applicants have attended the Investigating Officer on the stipulated dates and have cooperated in the process of investigation. After perusing the record, this Court is of the view that for further investigation of the present crime, the custodial interrogation of the applicants is not necessary. 4] In view thereof, the interim relief granted by an Order dated th September 2017 is confirmed.

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