This criminal court confirmed interim anticipatory bail granted earlier but waived the condition requiring the applicant to attend the Investigating Officer or police station. Disposition on application allowed without a police obligation.
Interim bail confirmed and condition to attend Investigating Officer/Police Station waived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
aba.1803-2017.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1803 OF 2017
Shoeb Mohd Shafi Manyar … Applicant V/s. The State of Maharashtra … Respondent
Ms. Sushma Mishra for applicant. Mr. Ameet Palkaar, APP for State.
CORAM : A.S.GADKARI, J. DATE : 25th JANUARY 2018.
P.C.:
1] By a reasoned Order dated 11th October 2017, the applicant was granted interim relief and directed him to attend the Investigating Officer on stipulated dates, to join the process of investigation.
2] Perused the record of investigation.
The record indicates that, the applicant was an employee of the principal accused Gulam Munshi and has no direct role to play in the present crime. The record further reveals that, during the course of investigation the principal accused was arrested and has now been relesed on bail.
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aba.1803-2017.doc
3] In view of the above and after perusing the record, this Court is
of the view that for further investigation of the present crime the custodial interrogation of the application is not necessary.
4] In view thereof, interim relief granted by an Order dated 11th October 2017 is confirmed. However, the condition to attend the Investigating Officer/concerned Police Station is hereby waived.
5] Application is allowed in the aforesaid terms.
(A.S.GADKARI, J.)
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1 issue framed by the court
Whether the condition of attending the Investigating Officer can be waived in an anticipatory bail application
Shoeb Mohd Shafi Manyar
The State of Maharashtra
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
