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Bombay High CourtABA/1728/2017others disposed off

Subhash Chand Katoch v. The State Of Maharashtra

2018-07-20Hon'Ble Shri Justice A.S. Gadkari2 pages

aba.1728-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1728 OF 2017 Subhash Chand Katoch ..Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Niranjan Mundargi for applicant.

Ms. J.S. Lohokaare, APP for State.

Mr. Sawant, PSI, Sahar Police Station present. CORAM : A.S.GADKARI, J.

DATE : 20th July 2018.

P.C.:

1] By an Order dated 3rd October 2017, the applicant was granted interim relief.

2] Heard the learned Counsel for the applicant and the learned APP for the Sate. Perused the chargesheet and other record of investigation. 3] The role assigned to the applicant is that, he accepted certain amount from six witnesses and forwarded it to the co-accused Kunal Kandpile. The said amount was accepted from the witnesses for giving them job abroad. It is alleged that, the victims/witnesses did not get job at abroad and therefore they returned back to India. The police are seeking 1/2

aba.1728-2017.doc custody of the applicant only for the purpose of submission of chargesheet against the applicant.

4] The record indicates that, the investigation of the present crime qua the applicant has already been completed and the police are in the process of filing chargesheet. It is to be noted here that, the process of submission of chargesheet can be effected even if the applicant is under the protection of pre-arrest bail by this Court and the custody of the applicant for that purpose is not necessary.

5] In view thereof, interim relief granted by Order dated 3rd October 2017 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

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