Manish Kumar Mishra v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1372 OF 2014 Manish Kumar Mishra ...Applicant vs.

State of Maharashtra

...Respondent

Mr. Ashok Pande, Advocate for the Applicant.

Ms. A.T. Javeri, APP for the State.

CORAM : P.D. KODE, J.

DATE : JANUARY 09, 2015 P.C.

.

By the interim order passed on 29-10-2014 my predecessor has granted ad-interim pre arrest bail in favour of the applicant in connection with C.R. No. 239 of 2013 registered with Nehru Nagar police station for the offence punishable under Section 380 of the Indian Penal Code. The said order reveals that the crime in question was registered upon the report lodged by one Dayashankar Mishra against his own daughter regarding herself having stolen amount of Rs. 1,75,000/-.

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2.

In spite of interim order being passed on 29-10-2014 and the prosecution being served thereof, the prosecution has not filed say. Though learned APP sought time to file say, she is not able to show the papers of investigation to the Court on the count of investigating officer being not present in spite of herself having communicated the message to the investigating officer to remain present with the case papers. The act of said investigating agency of not remaining present nor filing reply is an indicative of themselves being not interested in contesting the application. 3.

Resultantly, the reasons for which the interim order is passed by my predecessor having remained unrepelled and the application is pending for a period of two and half months, the ad-interim direction given is hereby confirmed on earlier terms and conditions.

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4.

However, since the order is required to be passed due to the default on the part of prosecution, for serving ends of justice liberty to the prosecution to move for cancellation of direction in event of themselves collecting any tangible material warranting custodial interrogation of the applicant for completion of investigation.

5.

Application stands disposed of.

6.

Copy of this order be sent to the Commissioner of Police, Mumbai.

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