Zubair Aslam Khan v. The State Of Maharashtra

ssm 1 13-aba2234.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2234 OF 2018 ZUBAIR ASLAM KHAN .....APPLICANT Vs.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Girish Pawar I/by Shabnam Shaikh for the Applicant. Mr. S.S. Hulke APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 4th APRIL, 2019.

P.C.:- Heard the learned counsel for the Applicant and the learned APP for the Respondent State. 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, to join the process of investigation. Perusal of the first information report would indicate that, the Applicant and the prosecutrix were having friendship and thereafter the Applicant induced the informant to part with Rs.6 lakhs. It is stated that, the informant paid the said amount of Rs.6 lakhs in 1/2

ssm 2 13-aba2234.18.doc cash. It is also alleged that, during their period of friendship, the Applicant on certain occasions outraged modesty of the prosecutrix and used some objectionable words/sentences. The record of investigation indicates that, in furtherance of Order dated 26th October, 2018 the Applicant has reported to the Investigating Officer on stipulated dates and joined the process of investigation. After perusing the record, this Court is of the view that, the custodial interrogation of the Applicant for further investigation of the present crime is not necessary.

In view of above, the interim relief granted by an Order dated 27th October, 2018 is hereby confirmed. However, the condition to attend the Investigating Officer of the concerned Police Station is waived.

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