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Bombay High CourtABA/1486/2024disposed off

Shrishail Shivanna Kalamani v. The State Of Maharashtra

2024-09-09Hon'Ble Shri Justice Manish Pitale2 pages

15_ABA1486_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1486 OF 2024 Shrishail Shivanna Kalamani ...

Applicant Vs.

State of Maharashtra ...

Respondent Mr. Atharva R. Bhingardeve and Mr. Yash M. Naik i/b. Mr. Vaibhav R. Gaikwad for Applicant.

Mr. Balraj B. Kulkarni, APP for Respondent-State. CORAM : MANISH PITALE, J.

DATE : SEPTEMBER 09, 2024 P.C. :

.

In this application, on 12.06.2024, this Court granted interim relief in favour of the applicant, with a specific direction to appear before the investigating officer on 24.06.2024 and 26.06.2024. The applicant was also directed to co-operate with the investigation. 2.

This Court had recorded, in paragraph 4, the reasons for granting interim relief and the said paragraph reads as follows:- "4.

It is further submitted that the question of invoking Section 328 of the IPC in such cases is pending consideration before the Supreme Court and in pending matters, the Supreme Court has granted interim protection to the accused persons. It is further pointed out that offences under Sections 188, 272 and 273 of the IPC are bailable, while the other offences are all under the provisions of the Food Safety and Standards Act, 2006. The learned APP does not dispute the fact that the matters are indeed pending before the Supreme Court concerning Section 328 of the IPC, wherein interim protection has been granted in number of cases. In any case, co-accused persons have already been granted interim reliefs by this Court. Hence, this Court is inclined to grant interim relief to the applicant. The learned APP may file reply affidavit within three weeks from today."

MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2024.09.09 15:18:33 +0530 1/2

15_ABA1486_24.doc 3.

The learned APP informs this Court that the applicant did appear before the investigating officer on the specified dates and that he has been co-operating with the investigation.

4.

In view of the above, the interim order dated 12.06.2024 is confirmed and the application is allowed. The applicant shall co-operate with further proceeding before the competent Court and he shall not influence the witnesses or other persons concerned with the case. (MANISH PITALE, J.) Minal Parab 2/2