9911796707
TMI Blog2017 (10) TMI 1478X X X X Extracts X X X X X X X X Extracts X X X X ..... is that he received misappropriated food-grains meant for public distribution. In the order dated 07.10.2016, the Additional Sessions Judge, Gondia rejected the application for anticipatory bail. The High Court of Judicature at Bombay, Nagpur Bench, as per order dated 24.10.2016 was also of the same view, although the same court had initially granted interim protection. Thus aggrieved, the appellant is 1 REPORTABLE before this Court. 3. On 07.11.2016, this Court passed the following Order: "Learned counsel for the petitioner seeks an adjournment, so as to enable him to obtain instructions, whether or not the petitioner is ready and willing to deposit the total amount of Rs. 45,08,469/- for the misappropriated grains, referred to in the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 24.08.2017, the Petitioner was arrested and released on bail after completing necessary formalities. 2. Thereafter, the petitioner has been called daily to the Police Station by me towards investigation. Upon inquiry, the petitioner did not answer the questions properly. The petitioner reiterated that he has not purchased the food grains. Thereafter, I made Gulam Sarver Fharukh Khan i.e. the accused No. 1 to sit in from of the petitioner and asked him certain questions. The accused No.1 Gulam was the godown keeper. Gulam specifically submitted that he knows the petitioner very well. Gulam further submitted that he has nothing to say than the statement recorded during the police custody in remand. In his statement, Gulam had given the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the completion of the investigation, it will certainly be open to the respondent to seek for cancellation of bail. 8. Having regard to the peculiar facts and circumstances of the case, we are of the view that the liberty as above should be left 1 (2010) 7 SCC 263 4 to the jurisdictional Sessions Court, i.e., Sessions Court, Gondia. 9. In case there is no cooperation on the part of the appellant for the completion of the investigation, it will be open to the respondent to approach the Sessions Court, Gondia, Maharashtra in which case the Sessions Court having regard to the materials already collected by the IO, if so satisfied that the custodial interrogation of the appellant is still required for completion of the investigation, will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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