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Bombay High CourtABA/1898/2016others disposed off

Surendra Vijay Chouhan And ORS v. State Of Maharashtra

2017-03-30Hon'Ble Shri Justice A.S. Gadkari2 pages

(17)ABA 1898-16 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1898 OF 2016 Surendra Vijay Chouhan & 4 Ors.

.. Applicants Vs.

The State of Maharashtra .. Respondent Mr. Sushant Valimbe for the Applicants.

Ms. Veera Shinde, APP for the Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 30 th MARCH, 2017.

P. C. :

1.

Applicant Nos.1, 2 and 3 were arrested by the Investigating Agency on 25.10.2016 and the present application as against them have become infructuous. So far as applicant Nos.4 and 5 are concerned, they are brother-in-law and sister-in-law of the complainant Smt. Lalita Surendra Chouhan. By an order dated 26.10.2016 said applicant Nos. 4 and 5 were granted interim relief. Learned APP on instructions submits that in pursuance of the order dated 25.10.2016, applicant Nos.4 and 5 have attended the Investigating Officer and co-operated in the process of investigation. I have perused the record produced before me. As stated earlier, applicant Nos.4 and 5 are the brother-in-law and sister-in-law of the complainant. Applicant No.5 is married woman and residing separately with her family since 2009. There are vague allegations against applicant Nos.4 and 5 in the present crime. The learned APP 1/2

(17)ABA 1898-16 states that the police have submitted charge-sheet in the crime. After perusing the record, I am of the considered opinion that the custodial interrogation of applicant Nos.4 and 5 is at all not necessary. 2.

In view of the above, interim order dated 26.10.2016 is confirmed. However, the condition to attend the Investigating Officer is hereby waived.

3.

The application is allowed in the aforesaid terms. [A. S. GADKARI, J.] 2/2