Melwyn Francis D Souza v. The State Of Maharashtra

44-ABA3227-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3227 OF 2023 SANTOSH SUBHASH KULKARNI Melwyn Francis D'souza ...Applicant

Versus

State of Maharashtra

...Respondent

SANTOSH SUBHASH KULKARNI Date: 2023.12.21 10:23:41 +0530 Mr. Tushar Kochde, a/w Ajay Jankar, for the Applicant. Smt. Ashwini Takalkar, APP for the State/Respondent. PSI Tanaji Patil, Vanrai Police Station, Mumbai,

CORAM:

N. J. JAMADAR, J.

DATED:

19th DECEMBER, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

The learned APP, on instructions, submits that the applicant has not appeared before the Investigating Officer on the scheduled dates and even thereafter. The learned Counsel for the applicant submits that he has no instructions as the applicant has not responded to his calls.

3.

This Court was persuaded to grant interim protection subject to the condition of the applicant cooperating with the investigation. Since the applicant has not cooperated with the investigation the order of interim protection stands vacated. This conduct of the applicant in not adhering to the condition of appearing before the Investigating Officer and cooperate with 1/2

44-ABA3227-2023.DOC the investigation also dis-entitle him from the relief of pre-arrest bail.

4.

Hence the application stands dismissed.

[N. J. JAMADAR, J.] 2/2