Ramprasad S/O. Annasaheb Kale v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO.2789 OF 2021 IN ABA/338/2020 WITH APPLN/1269/2021 IN ABA/168/2020 RAMPRASAD S/O. ANNASAHEB KALE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Mayur V.Salunke, Advocate for Applicant Mr. A.V.Deshmuk, APP for respondent-State ...

CORAM : PRAKASH D. NAIK, J.

DATE : 16th DECEMBER, 2021 PER COURT:

1] Applications are seeking modification of order for relaxation of condition imposed, while granting anticipatory bail to them. 2] Applicants had preferred application for anticipatory bail before this Court, apprehending arrest in Crime No.430 of 2019 registered with Purna Police Station, Dist.Parbhani for the offences punishable under Sections 420, 465, 468, 471 and 120-B read with 34 of Indian Penal Code (for short, 'IPC'). Applicants in Criminal Application No.1269 of 2021 was granted interim relief by this Court vide order dated 31st January 2020. They were directed to remain present daily before the Investigating Officer between 10.00 am to 01.00 pm. This condition was thereafter modified vide order dated 16th June 2021 and the applicants therein were directed to appear before the Investigating Officer on every Saturday at 10.00 to 02.00 am till further order. As far as the applicants in Criminal Application No.2789 of 2021 is concerened, interim relief was granted by

( 2 ) order dated 18.03.2020 with direction to appear before the Investigating Officer daily between 10.00 to 01.00 pm. Thereafter application was allowed finally vide order dated 17th February 2021. The application preferred by applicants in both these applications were allowed and they were directed to report the Investigating Officer on every Saturday till filing of charge-sheet.

3] Learned Advocate for applicants submits that from the date of interim protection, applicants has complied the directions of reporting. Initially, they were directed to report daily and subsequently, once in a week. Although, the final order was passed on 17th February 2021, the charge-sheet has not been filed. Their attendance is not required. The applicants in both these applications willing to appear before the Investigating Officer as and when called for. 4] Learned APP submits that the investigation is still in progress. Considering the aforesaid factual aspects, there is no impediment in relaxing condition of reporting. Hence, I pass the following order.

ORDER

(i) Criminal Application No.1269 of 2021 and Criminal Application No.2789 of 2021 are allowed.

(ii)The condition to appear before the Investigating Officer is relaxed. Applicants shall however, appear before the Investigating Officer as and when called.

( 3 ) (iii)Applications stand disposed of.

( PRAKASH D. NAIK, J. ) sarowar