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Bombay High CourtABA/1887/2016others disposed off

Lalit Sarat Paikray And ANR v. State Of Maharashtra

2017-03-27Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2ABA-1887-16 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1887 OF 2016 Lalit Paikray and anr.

vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ganesh Gole for the Applicant.

Ms.Veena Shinde, APP. for the State.

CORAM :A.S.GADKARI, J.

DATE : 27th March, 2017 P.C.

The applicant was granted interim relief by an order dated 21.10.2016. The learned APP on instructions from the Investigating Officer submitted that the applicant had attended the Investigating Officer and joined the process of investigation. She further on instructions submitted that the custodial interrogation of the applicant is not necessary.

2) I have perused the first information report and the record annexed to the application. I have also perused the record of investigation produced by the learned APP. A bare perusal of the first information report dated 11.9.2016 prima facie discloses that, during the said free fight and/or scuffle the offence alleged under Section- 354 of the I.P.C. has taken place. After perusal of the record I am of the opinion that the custodial interrogation of the applicant is

2 /2ABA-1887-16 not necessary. In view thereof, the interim relief granted by order dated 25.10.2016 is hereby confirmed.

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