Disposed¶19

Shashikant Gosavi & Anr. v. State of NCT Delhi

Delhi HC17 Apr 2025W.P.(CRL)/1216/2025

Case brief

AI extract

What is this about?

Anticipatory bail condition relaxation; exemption from personal appearance before Investigating Officer; FIR No. 81/2024; MC No. 20/2025; order dated 03.03.2025 Sessions Court; Section 528 BNSS 2023; Article 226 Constitution of India; W.P.(CRL) 1216/2025; joining investigation via video conferencing; Nagpur residents; State of NCT Delhi; Ravinder Dudeja J.; order dated 17.04.2025.

What did the court decide?

Exemption from regular physical appearance before the Investigating Officer: petitioners to join investigation on three more occasions as and when directed by the Investigating Officer, and any further requirement thereafter may be met through video conferencing. Interim relief application CRL.M.A. 11542/2025 stands concluded with disposal of the petition; exemption application CRL.M.A. 11543/2025 allowed. ¶19

Shashikant Gosavi & Anr. Vs State of NCT Delhi — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioners, residents of Nagpur already on anticipatory bail with a modified appearance condition, can be exempted/relaxed from the requirement of physically appearing before the Investigating Officer in FIR No. 81/2024, given the inconvenience and financial burden of travelling to Delhi.

¶16

Court's answer

The writ petition is disposed of with a direction that the petitioners will join the investigation on three more occasions as and when directed by the Investigating Officer.

¶19

Ratio / Principle

The exemption application CRL.M.A. 11543/2025 is allowed, subject to all just exceptions.

¶8

Key takeaways

If the petitioners are still required for further investigation after those three occasions, they may be asked to join the investigation through video conferencing instead of physical appearance.ratio¶19

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) disposed of W.P.(CRL) 1216/2025 filed under Section 528 BNSS, 2023 read with Article 226 of the Constitution of India by two petitioners, residents of Nagpur, who had been granted anticipatory bail by the Sessions Court on 11.11.2024 in FIR No. 81/2024 on the condition of weekly Monday appearance before the Investigating Officer, later relaxed on 18.11.2024 to the first and third Monday of each month. Seeking exemption from physical appearance (and challenging the Sessions Court order dated 03.03.2025 in MC No. 20/2025), the petitioners were directed to join the investigation on three more occasions as and when directed by the Investigating Officer; if still required thereafter, they may join through video conferencing. Exemption application CRL.M.A. 11543/2025 was allowed subject to just exceptions.

¶1

$~90

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 1216/2025

¶4

SHASHIKANT GOSAVI & ANR. .....Petitioners

¶5

Through: Mr. Shivendra Singh, Mr. Tarun Mehra, Mr. Varad Kilor, Advocates. versus STATE OF NCT DELHI .....Respondent Through: Mr. Amol Sinha, ASC with Mr. Kshitiz Garg, Ms. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Sanskriti Nimbekar, Advocates with SI Shubhangi, PS- B.K. Road.

¶6

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

¶7

O R D E R % 17.04.2025 CRL.M.A. 11543/2025 (exemption)

¶8

Allowed, subject to all just exceptions.

¶9

This application stands disposed of.

¶10

W.P.(CRL) 1216/2025 & CRL.M.A. 11542/2025 (interim relief)

¶11

This is a petition under Section 528 BNSS, 2023 read with Article 226 of the Constitution of India seeking exemption from personal appearance before the Investigating Officer in FIR No. 81/2024 as also against the order dated 03.03.2025, passed by the learned Sessions Court in MC No. 20/2025.

¶12

Both the petitioners were granted anticipatory bail by Sessions Court vide order dated 11.11.2024, subject to certain conditions, one of the

¶13

This is a digitally signed order.

¶14

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:48:11

¶15

conditions being that the accused shall appear on every Monday physically before the Investigating Officer. Such condition was later modified vide order dated 18.11.2024, to the extent that petitioners shall appear before the Investigating Officer on every first and third Monday of each calendar month.

¶16

Learned counsel appearing for the petitioners submits that petitioners are the residents of Nagpur and have appeared before the Investigating Officer umpteen times and are not required for further investigation. It is submitted that coming to Delhi every time causes a lot of inconvenience and financial burden upon the petitioners, and therefore, a request has been made to relax the aforesaid condition.

¶17

Issue notice. Notice is accepted by learned ASC appearing for the State.

¶18

Learned ASC submits that investigation is still continuing and petitioners would be required at least on three more days for the purpose of further investigation and may not be required thereafter.

¶19

In view of the aforesaid, petition is disposed of with direction that petitioners would be joining the investigation on three more occasions as and when directed by the Investigating Officer. In case petitioners are still required for further investigation, petitioners may be asked to join the investigation through video conferencing.

¶20

RAVINDER DUDEJA, J

¶21

APRIL 17, 2025/ vd

¶22

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:48:11

Shashikant Gosavi & Anr. v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

Shashikant Gosavi & Anr. v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sh Sanjay Aggarwal & Anr. Vs State Govt. NCT of Delhi and Anr.

Jasbeer Kaur Vs State of NCT of Delhi

Meena Sharma Vs the State NCT of Delhi & Ors.

Krishna Vs State of NCT of Delhi

Devinder Chowdhury Vs State (Govt of Nct)

Purushottam Singh Panch Vs the Commissioner of Police

Dilraj Singh Vs the State Govt. of NCT of Delhi and Ors.

Vikas Sidhu Vs State (Nct of Delhi)

Jasbeer Kaur Vs State of NCT of Delhi

Anuj Singhal & Ors. Vs Govt. of NCT of Delhi & Anr.

Raju Aliash Gunga Vs State NCT of Delhi

Union of India & Anr. Vs Sudhir Tyagi

Harish Ali Vs State through SHO Wazirabad and Anr.