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Bombay High CourtABA/1919/2017others disposed off

Sharvi Tulsidas Sharma v. The State Of Maharashtra

2018-07-16Hon'Ble Shri Justice A.S. Gadkari2 pages

aba.1919-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1919 OF 2017 Sharvi Tulsidas Sharma ..Applicant Vs The State of Maharashtra & Anr.

..Respondents ----- Mr. M.S. Mohite i/b Rajeev Sawant & Associates for applicant. Ms. Rutuja Ambekar, APP for State.

Mr. Rushikesh Kale I/b V.V. Purwant for Original Complainant. Mr. Kiran Jadhav, API, EOW present.

CORAM : A.S.GADKARI, J.

DATE : 16th July 2018.

P.C.:

1] By an Order dated 7th November 2017, the applicant was granted interim relief and was directed to attend the Investigating Officer as and when called for.

2] Heard the learned Counsel for the applicant, the learned Counsel for the first informant and the learned APP. Perused the record of investigation.

3] The first information report and the record of investigation indicates that, at the instance of principal accused Smt. Sunita Sharma who is mother of the applicant, the applicant on a few occasions had been to the 1/2

aba.1919-2017.doc shop of the first informant/respondent No.2 and collected delivery of ornaments from him. Apart from the said fact, there is no other overt-act is attributed to the applicant in the present crime. The record further indicates that, the applicant being a daughter of the principal accused Smt. Sunita Sharma, has been implicated in the present crime to increase the gravity of the offence.

4] After perusing the record of investigation, this Court is of the considered view that, the custodial interrogation of the applicant for further investigation in the present crime is not necessary. 5] In view thereof, interim relief granted by Order dated 7th November 2017 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2