Rajendra Shridhar Kalwari v. The State Of Maharashtra

19-ABA2380-18.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2380 OF 2018 Rejndra Shridhar Kalwari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Rakesh Bhatkar, for the Applicant.

Mr. Ameet Palkar, APP for the State/Respondent. Mr. Kishor Shinde, API, Ratnagiri City Police Station, present.

CORAM:

A. S. GADKARI, J DATED:

12th December, 2018 PC:­ 1.

By a reasoned order dated 22nd November, 2018, the applicant was granted interim relief and was directed to attend the investigation officer on stipulated dates to join the process of investigation.

Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation. 2.

It is submitted by the learned APP on instructions that the applicant has attended the Investigating Officer on the stipulated dates and has cooperated in the process of investigation. It is the defence of the applicant that on the date and time of alleged commission of offence, he was at his native 1/2

19-ABA2380-18.DOC place at Mandangad, which is about 180 kms. away from the Ratnagiri. The learned APP, on instructions from the Investigating Officer, submitted that the Investigating Officer has verified the said fact and there is substance in the contention of the applicant. It is thus clear that on the date and time of commission of offence the applicant was not present at Ratnagiri.

3.

In view thereof, interim relief granted by Order dated 22nd November, 2018, is hereby confirmed. However, the condition to attend the Investigating Officer of concerned police station is waived.

4.

Application is allowed in aforesaid terms.

[A. S. GADKARI, J.] 2/2