ITEM NO.36 COURT NO.8 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8228/2023 (Arising out of impugned final judgment and order dated 17-04-2023 in ABA No. 1182/2017 passed by the High Court of Judicature at Bombay)
AKBAR ALI SHAIKH Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.128393/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 128393/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 12-01-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
For Petitioner(s) Mr. Rudreshwar Singh, Adv.
Mrs. Divya Singh, Adv.
Mr. Kaushik Poddar, AOR
Ms. Isha Singh, Adv.
Mr. Kumar Saurav, Adv.

For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharth Dharmadhikari, Adv.
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Raavi Sharma, Adv.

Mr. Siddharth Bhatnagar, Sr. Adv.
Mr. Shrirang Varma, Adv.
Ms. Pracheta Kar, Adv.
Mr. Aditya Sidhra, Adv.
Mr. Nadeem Afroz, Adv.
Mr. Shantanu Phanse, Adv.
Ms. Palak Arora, Adv.
Mr. Anand Dilip Landge, AOR
UPON hearing the counsel the Court made the following
O R D E R
Respondent Nos. 2 to 4 have interim protection right from the year 2017. This petition filed by the complainant is for setting aside the anticipatory bail order granted by the High Court. According to the learned counsel Mr. Aaditya Aniruddha Pande appearing on behalf of the respondent State, investigation is over and charge-sheet has already been filed.
On the other hand, learned counsel for the petitioner has submitted that respondent Nos. 2 to 4 have further meddled with the records and even removed them substantially after being granted interim bail by the High Court. As such, it is submitted that the anticipatory bail order granted by the High Court deserves to be set aside leaving it open for the Investigating Agency to further interrogate respondent Nos. 2 to 4.
There is no issue that in case the Investigating Agency requires custodial interrogation of the accused, who are on anticipatory bail, they can always make a request to the concerned Magistrate and such request is to be decided by the Magistrate on its own merits. Thus, we leave that liberty open to the Investigating Agency.
The petition stands accordingly disposed of as above without interfering with the impugned order. Pending applications, if any, shall stand disposed of.
(NEETA SAPRA) (RANJANA SHAILEY)
COURT MASTER (SH) COURT MASTER (NSH)