Jaywant Vilas Shelke And ORS v. The State Of Maharashtra
aba.1136-2018.doc Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1136 OF 2018 Jaywant Vilas Shelke & Ors.
..Applicants Vs The State of Maharashtra ..Respondent Mr. S.D. Chavan for applicant.
Mr. S.S. Hulke, APP for State.
CORAM : A.S.GADKARI, J.
DATE : 28th November 2018.
P.C.:
1] By Order dated 20th June 2018, the applicants were granted interim relief and were directed to attend the concerned Police Station on stipulated dates, to cooperate in the process of investigation. 2] Heard the learned counsel for the applicants and the learned APP for the State. Perused the record of investigation. 3] It is the prosecution case that, the applicants with the aid of sickle, sword, wooden logs and fist and kicks blows assaulted the first informant and his family members. The medical certificates of Abhishek 1/2
aba.1136-2018.doc Shelke and Vaibhav Adhav indicate that they received simple injuries with hard and blunt object. Thus the contention of the first informant that the applicants assaulted with the aid of sickle and sword in the said crime did not find support from the said medical certificates. The record indicates that the applicant No.1 has lodged a crosscomplaint bearing No.108 of 2018 arising out of the same incident.
4] In view thereof, this Court is of the opinion that, the custodial interrogation of the applicants for further investigation of the present crime is not necessary.
5] Interim relief granted by an Order dated 20th June 2018 is hereby confirmed.
However, the condition to attend the Investigating Officer is waived.
6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2