Rajesh Dinieshchandra Vyas v. The State Of Maharashtra

osk 13-aba-2280-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2280 OF 2018 Rajesh Dinieshchandra Vyas ...

Applicant V/s.

The State of Maharashtra ...

Respondent ----- Ms.Sartaj Shaikh for Applicant.

Mr.Amit Palkar, A.P.P. for Respondent-State.

CORAM : A.S. GADKARI, J.

DATE : 29th March 2019.

P.C. :

1] By a reasoned order dated 1st November 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.

The record indicates that the applicant, has complied with the said directions issued by this Court vide its order dated 1st November 2018 and has joined the process of investigation. 1/2

osk 13-aba-2280-2018.odt 2] It is a matter of record that, since 2006 the prosecuting agency did not seek custody of the applicant and it is after a period of about 12 years, the custody is being sought to investigate the crime. The investigation of the present crime is solely based on documents. It is surprising to note that, despite the said fact till date the investigation is not completed.

3] In view of the above and after perusing the record this Court is of the opinion that, the custodial interrogation of the applicant is not necessary.

Interim relief granted by order dated 1st November 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

4] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2