Ajaykumar Lalan Singh And ORS v. The State Of Maharashtra

1 /2ABA-1657-15-6 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1657 OF 2015 Ajaykumar Lalan Singh and ors. 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. A.H. Ponda with Ashish Raghuvanshi for the applicant. Mrs. J.S.Lohokare, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 28th September, 2016 P.C.

1.

By an order dated 30.10.2015 the applicants are granted interim relief. By subsequent order dated 8.8.2016 the applicants were directed to attend the Investigation Officer from 18.8.2016 to 21.8.2016 and thereafter on 27.8.2016 and 28.8.2016 between 3.00p.m. to 5.00pm. and to join the process of investigation. The detailed reasons for issuing such directions have been recorded in the said order dated 8.8.2016. The learned APP on instructions from the Investigation Officer submitted that the applicants did attend the Investigation Officer on stipulated dates and also answered the questionnaire given to them. She further submitted that the further presence of the applicants is necessary as the Investigation Officer intends to take their specimen signatures and their handwriting. It is surprising to note that, though the

2 /2ABA-1657-15-6 applicants attended the police station on the stipulated dates the Investigation Officer did not take pains to carry out the basic necessity of the investigation. 2.

May that as it may, this Court in its order dated 8.8.2016 has observed that the entire case is based on documentary evidence and the attendance of the applicant to the Investigation Officer is necessary only to facilitate with the investigation. The elaborate discussion recorded in order dated 8.8.2016 is not contradicted by the APP. 3.

In view of the above the interim relief granted by an order dated 30.10.2015 is hereby confirmed. 4.

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