Allowed

Siddhant Harish Varma v. the State of Maharashtra

Bombay HC17 Jul 2018ABA/93/2018

Case brief

AI extract

What is this about?

The High Court confirmed interim anticipatory bail granted earlier. After reviewing a panchanama of seized sridhan articles, the Court held custodial interrogation unnecessary. The applicant must attend the IO between 11 a.m. and 1 p.m. and join investigation upon Section 160 Cr.P.C. notice.

What did the court decide?

Anticipatory bail allowed. Applicant directed to attend Investigating Officer between 11:00 a.m. and 1:00 p.m. and join investigation after notice under Section 160 Cr.P.C. until final report.

Siddhant Harish Varma Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2018)

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Nalawa1de

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.93 OF 2018 Siddhant Harish Varma vs. State of Maharashtra and anr.

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Office Notes, Office Memorandam of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders

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Mr. G.V.Nagarsheth i/by Law and Legal Associates for the Applicant.

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Mrs. Rutuja Ambekar, APP. for the Respondent State. Mr.Raju M. Yamgar with A.M.Reddy for Respondent No.2.

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CORAM : A.S.GADKARI, J. DATE : 17^th July, 2018

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P.C.

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In furtherance of Order dated 26.6.2018 the police

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have further seized 12 sridhan articles from the applicant on 10.7.2018. The earlier Investigating Officer namely Smt. Maksad had submitted panchanama of seizure of sridhan articles in this Court. After perusing the said panchanama it was revealed to this Court that it was effected in utmost

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casual manner and just to favour the complainant in this case. This Court therefore, had directed to intimate the said

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fact to the Commissioner of Police, Mumbai. The Dy.

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Commissioner of Police of the concerned zone personally appeared in this Court and submitted that he will take appropriate measures and remedy in this behalf. The learned APP. submitted a report dated 16.7.2018 addressed to the Public Prosecutor High Court, Mumbai under the signature of Dy. Commissioner of Police , Zone2, Mumbai. It is stated that, for dereliction in duty, the earlier police officer has been reprimanded and has been fined as per the provisions of service law in that behalf. A copy of the report dated 16.7.2018 is taken on record and marked “X” for identification. The new Investigating Officer Smt. Athane, Assistant Police Inspector has further effected panchanama dated 11.7.2018 which categorically mentions about the nature of ornaments, its weight and its approximate valuation. There are about 12 articles which have been seized by the police by the said panchanama dated 11.7.2018.

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After perusing the record of investigation this Court is of the opinion that for further investigation in the present crime the custodial interrogation of the applicant is not

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necessary.

In view thereof, interim relief granted by Order dated 17.1.2018 is hereby confirmed. However, the applicant is directed to attend the Investigating Officer as and when called for between 11.00 a.m. and 1.00 p.m. and to join the process of investigation after receipt of notice under Section 160 of the Cr.P.C. till submission of final report/charge sheet.

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Application is allowed in the aforesaid terms.

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(A.S.GADKARI, J.)

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Siddhant Harish Varma v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Siddhant Harish Varma v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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