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Bombay High CourtABA/1628/2015others disposed off

Prafulla B. Patil v. The State Of Maharashtra

2016-01-11Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 ABA-1628-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1628 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prakash Naik with Ms. Vrishali Raje for the Applicant. Smt. P. P. Shinde, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

11th January, 2016 P.C.

The applicant was given licence by the Government to excavate the sand from a site near the Tandulwadi Bunder, Manor, District Palghar. The applicant was granted interim relief by order dated 16.12.2015. In pursuance of the order dated 16.12.2015 the applicant has attended the Investigating Officer and has joined the process of investigation. It appears from the record that the applicant was thoroughly interrogated by the police. The reasons for granting the interim relief have been enumerated in the said order. As stated

Nalawade A.S.

2 /2 ABA-1628-15 earlier, in pursuance of the said order, the applicant has attended the Investigating Officer. As the applicant is the licensor and the sand in question has been excavated under the lawful authority given to the applicant, I find no reason for the custodial interrogation of the applicant by the police.

2) In view of the above, the interim relief granted to the applicant by order dated 16.12.2015 is hereby confirmed.

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