Vijay Durgadatta Sharma v. The State Of Maharashtra

aba.1670-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1670 OF 2017 Vijay Durgadatta Sharma ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Ajay Jankar i/b Tushar Kochale for applicant. Mr. A.A. Palkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 16th JANUARY 2018.

P.C.:

1] By a reasoned Order dated 25 th September 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 papers of investigation.

3] It is the allegation against the applicant that, he introduced the Contractor Umesh Sahani of Nishad Furniture to the first informant Gitanjali Infra Company. The applicant was also an employee of the said Company and when the said Gitanjali Infra Company decided to renovate 1/2

aba.1670-2017.doc Floor Nos.9, 10, and 11 of the Gokul Towers, the applicant introduced the Contractor Umesh Sahani with Directors of the Gitanjali Infra Company and subsequently a contract was given to Umesh Sahani of Nishad Furnitures for renovation. However, the said Nishad Furniture violated the contract and defalcated the amount, as alleged by the first informant. 4] In view of the above and after taking into consideration the fact that the applicant was an employee of the Gitanjali Infra Company, this Court is of the view that, the custodial interrogation of the applicant for further investigation of the present crime is not necessary. In view thereof, interim relief granted by an Order dated 25 th September 2017 is confirmed. However, the condition to attend the Investigating Officer is hereby waived.

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