Shrikant Babaso Murchite v. The State Of Maharashtra

ppn 1 9.aba-1816.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1816 OF 2018 Shrikant Babso Murchite ..

Applicant Vs.

State of Maharashtra ..

Respondent --- Mr.Rahul Walvekar for the applicant.

Mr.Prashant Jadhav, APP for respondent-State. --- CORAM : P.N. DESHMUKH, J.

DATE : 11th April 2019 P.C.:

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Heard learned counsel for applicant and learned APP. Both sides counsel had pointed out order of this Court on 22nd December 2018 by which it is prima facie observed that by effecting arrest of applicant during the interim order in force, investigating officer has exceeded his jurisdiction. On observing as aforesaid, prosecution was directed to place on record affidavit explaining above fact. In compliance to said order, Investigating Officer has placed on record affidavit. 2.

Perusal of affidavit of Investigating Officer would reveal that interim order was admittedly granted on 6th September 2018 however said order was not further extended either by this Court nor by any order of Registrar Judicial-I on administrative grounds nor any steps

ppn 2 9.aba-1816.18.doc were taken by applicant for continuation of order from 16th October 2018 onwards, thus applicant came to be arrested on 27th October 2018 and was granted regular bail by trial Court by its order dated 21st November 2018. Having considering affidavit of Investigating Officer and since contents therein are accepted by counsel for applicant who had also made a statement that in view of applicant having been released on bail by trial Court in same crime, application is rendered as infructuous. Application stands disposed of as dismissed as rendered infructuous. P.N. DESHMUKH, J.