Shivkumar Kantu Sharma @ Shivkumar Kanturam Sharma v. The State Of Maharashtra

Dond 1/2 aba.1891-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.1891 OF 2016 Shivkumar Kantu Sharma @ Shivkumar Kanturam Sharma Vs. The State of Maharashtra ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- None for applicant.

Mr. Arfan Sait, APP for State.

Mr. M.K. Mane, P.S.I, from Kurar Police Station present. CORAM : A.S. GADKARI, J.

DATE : 3rd April 2017.

P.C.:

1] By an Order dated 25th October 2016, the applicant was granted interim relief. The applicant was directed to attend the Investigating Officer on the stipulated daates.

2] The learned APP on instructions from the Investigating Officer who is present in the Court submitted that the applicant has attended the Investigating Officer and has joined the process of investigation. 3] I have perused the record pertaining to the present application. It is to be noted here that, in the first information report and other statements of the witnesses, name of the applicant is not mentioned and it is stated that an unknown person also assaulted the informant. The learned APP on instructions

Dond 2/2 aba.1891-2016.sxw submitted that during the course of investigation, the applicant has been identified as the said unknown person. The role attributed to the applicant is that, he assaulted the informant by fists and kick blows and nothing is to be recovered at the instance of the applicant in the present crime. 4] In view of the above, the applicant has made out a case for grant of prearrest bail. Hence, the interim relief granted by Order dated 25th October 2016 is hereby confirmed.

However, the condition to attend the Investigating Officer till submission of chargesheet is continued.

5] The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)