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Bombay High CourtABA/2011/2019disposed off

Anandkumar Ganesh Singh v. The State Of Maharashtra

2022-03-31Hon'Ble Shri Justice A.S. Gadkari2 pages

AGP 905.ABA.2011.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2011 OF 2019 Anandkumar Ganesh Singh .... Applicant

Versus

The State of Maharashtra & Anr.

.... Respondents Ms Namrata S. Bobade for the Applicant.

Mr. Y.M. Nakhwa, APP for State.

Mr. H.S. Venegaonkar for Respondent No.2-UOI. CORAM : A.S. GADKARI, J.

DATE : 31st MARCH, 2022 P.C. :

Heard Ms Bobade, learned Advocate for the Applicant, Mr.Nakhwa, learned APP for the State and Mr.Venegaonkar, learned Advocate for Respondent No.2-UOI.

2.

Perused record.

By a reasoned Order dated 01.10.2019, the Applicant was granted interim relief and directed to attend the concerned Police Station on stipulated dates to cooperate in the process of investigation. 3.

Mr.Venegaonkar, learned Advocate for Respondent No.2-UOI on instructions submitted, that the Applicant has attended the concerned Police Station on stipulated dates in furtherance of Order dated 11.10.2019 and his Test Identification Parade has been conducted by following necessary procedure. That the Applicant has been identified by

AGP 905.ABA.2011.19.doc the First Informant as 'Sushil Singh' whose name has been mentioned by her in her additional statement given to the police. Recovery of rope which was used in commission of murder of deceased has already been effected by the police long back. The police after completion of investigation has submitted charge-sheet as noted in the Order dated 01.10.2019. It was only on the point of disputed identity of the Applicant, whether he is Anandkumar or Sushil, he was directed to attend the concerned Police Station to cooperate with the process of investigation. As noted earlier, the Test Identification Parade has now been conducted and the identity of the Applicant has been duly established by the prosecuting agency.

4.

In view of the above, this Court of the considered opinion that, the custodial interrogation of the Applicant for further investigation of the present crime is not at all necessary. Interim relief granted by an Order dated 01.10.2019 is hereby confirmed.

5.

Applicant is directed to attend the concerned Police Station on every first Monday of the month between 11.00 a.m. and 2.00 p.m. till conclusion of the trial, if police submits charge-sheet or otherwise till final report.

6.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) by AARTI G PALKAR Date:

2022.04.06 16:26:51 +0530 AARTI PALKAR