Sudhir Tanaji Jadhav v. The State Of Maharashtra And ANR.

916_ABA_1880_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1880 OF 2024 Sudhir Tanaji Jadhav ...

Applicant vs.

The State of Maharashtra and another ...

Respondents Ms. Vilasini B. a/w. Mr. Jaydeep Mane for applicant. Mr. Kiran C. Shinde, APP for respondent No.1-State. Mr. Amit R. Icham for respondent No.2.

CORAM : MANISH PITALE, J.

DATE :

22nd OCTOBER, 2024 P.C. :

.

In this application, on 09.09.2024, this Court had granted interim relief in favour of the applicant, for the reasons stated in paragraph No.5 of the said order. The applicant was directed to remain present before the investigating officer on 11.09.2024 and he was directed to co-operate with the investigation, including surrendering his mobile phone before the investigating officer.

2.

The learned APP submitted, on instructions, that although the applicant did not appear before the investigating officer on 11.09.2024, he did appear on 13.09.2024 and his statement was recorded. 3.

But, it is further brought to the notice of this Court that after the interim order dated 09.09.2024 was granted in favour of the applicant, on 10.09.2024, a friend of the applicant allegedly caused certain objectionable 1/2 Digitally signed by PRIYA KAMBLI Date:

2024.10.22 18:21:44 +0530 PRIYA KAMBLI

916_ABA_1880_24.doc photographs of the victim being posted on a social media app. As a consequence, the said friend of the applicant has been added as an accused in the present FIR and he has been arrested. This aspect may have a bearing on the present application. The learned counsel for the applicant also could not make a clear statement as to whether the mobile phone of the applicant was indeed surrendered before the investigating officer. 4.

In these circumstances, the investigating officer is directed to remain present in the Court alongwith the investigation papers on the next date of hearing. In the meanwhile, the learned counsel for the applicant shall take clear instructions in the matter as to in what manner the applicant cooperated with the investigation. 5.

List on 19.11.2024, High on Board. In the meanwhile, the interim order shall continue to operate.

(MANISH PITALE, J) Priya Kambli 2/2