Kadari Azaruddin Bilal v. The State Of Maharashtra

1 /2 19-aba-2160-18.doc Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2160 OF 2018 Shri. Kadari A. Bilal ..Applicant vs.

The State of Maharashtra ..Respondent.

Mr. A.R. Sayyed for the Applicant.

Mr. Amit Palkar, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 11th December, 2018 P.C.

1.

By an Order dated 19.10.2018 the applicant was granted interim relief and was directed to attend the concerned police station, to join the process of investigation. 2.

Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation. 3.

The record indicates that the property in question was originally owned by Mr. Chandrakant U. More and he was running a shop therein in the name of Ganesh Farsan & Courier Mart. That by an agreement dated 25.6.2018 he sold the property in question to Mr. Prashant Karpe who by a tenancy

2 /2 19-aba-2160-18.doc agreement dated 5.9.2018 gave the said property in possession of the applicant herein for conducting his own business. It further appears from the record that, there is another agreement for sale dated 2.8.2018 executed by the said landlord Mr. Prashant Karpe in favour of the first informant namely Kadari A. Bilal. The record indicates that, the applicant was in lawful possession of the said shop premises and is conducting his own business.

4.

After taking into consideration the peculiar facts of the present case, this Court is of the considered view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary.

5.

In view thereof, the interim relief granted by order dated 19.10.2018 is hereby confirmed. However, the condition to attend the Police Station/Investigating Officer is waived. Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)