The High Court of Bombay confirmed an interim anticipatory bail order by removing the condition to attend the Investigating Officer, allowing the applicant to proceed while the investigation against other accused continues.
Interim order dated 20th February 2018 is confirmed; the condition to attend the Investigating Officer is 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.
5-aba302.18.sxw
ssm 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 302 OF 2018
Mohammed Aazam Shaikh
….Applicant.
Vs.
The State of Maharashtra ….Respondent.
Mr. Sunny Waskar for the Applicant. Smt. J.S. Lohokare APP, for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 13th JUNE, 2018.
P.C.:-
By the reasoned Order dated 20th February 2018, the Applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated period.
2 Heard the learned counsel appearing for the Applicant and the learned APP. Perused the record of investigation.
3 The record indicates that in furtherance of the Order dated 20th February 2018, the Applicant has attended the Investigating Officer and has joined the process of investigation. The record further indicates that, except the allegation as noted in the order dated 20th February 2018, there is no overt act attributed by the Applicant.
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ssm 2 5-aba302.18.sxw
After completion of the investigation, the police have
submitted the charge-sheet against other accused persons.
4 In view thereof, the interim order dated 20th February 2018, is hereby confirmed. However, the condition to attend the Investigating Officer is 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 interim anticipatory bail order which required attendance before the Investigating Officer should be extended with or without the condition.
1 provisions across 1 enactments
Mohammed Aazam Shaikh
The State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
