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Bombay High CourtABA/2229/2018others disposed off

Nikunj Prabodh Kampani v. The State Of Maharashtra

2019-05-02Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 16-aba2229.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2229 OF 2019 Nikunj Prabodh Kampani .....Applicant Vs.

The State of Maharashtra .....Respondent.

Mr. Niranjan Mundargi I/by Laxman R. Shahapur for the Applicant. Mr. R.M. Pethe APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 2nd MAY, 2019.

P.C.:- Heard the learned counsel for the Applicant and the learned APP. Perused the record of investigation. By an Order dated 26th October, 2018, the Applicant was granted interim relief and was directed to attend the Investigating Officer of the concerned Police Station on stipulated dates, to join the process of investigation.

Perusal of record of investigation would indicate that, the Applicant has complied with the conditions imposed upon him by this Court vide its Order dated 26th October, 2018 and has joined the process of investigation.

1/2

ssm 2 16-aba2229.18.doc The necessary documents involved in the present crime have been seized by the police. It prima facie appears that, it is after the business relations got soured between the Applicant and his erstwhile partner, the present crime has been registered. Even otherwise, after perusing the record and in view of the peculiar facts of the present case, this Court is of the opinion that, the custodial interrogation of the Applicant for further investigation in the present crime is not necessary.

In view thereof, interim relief granted by Order dated 26th October, 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

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