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TMI Blog2024 (3) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of manufacturing year of the crane imported - arrested u/s 104(1) for the offence committed u/s 132 and 135(1)(a) - HELD THAT:- From the facts on record it appears that the accused is attending the investigation and has co-operated the same. No case is made out to show that custodial interrogation by cancelling bail is just and necessary. The ld Metropolitan Magistrate has observed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SPP Punde for the applicant Advocate Dr. Sujay Kantawala a/w Adv Avinash Limbola, Mahdeo Landhe for the respondent ORDER This is an application by the prosecution for cancellation of bail granted to the applicant / accused vide order dated 21.11.2023 passed by the ld Addl. Chief Metropolitan Magistrate, 19th Court, Esplanade, Mumbai. 2. The application is opposed by the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate has failed to exercise its judicial discretion and released the respondent on bail without taking into account the facts and circumstances of the entire case. It is also contended that no reasonable time has been granted for fair investigation and it has hamper the investigation. It is further contention of the applicant that the accused has directed to attend the office of prosecution agency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the investigation, however, he is not co-operating the investigation. During the course of argument, it was specifically asked what kind of co-operation is expected from the accused to which it was replied that the accused is not providing certain documents related to RTO registration of the cranes. The advocate for the accused at that time made submission that he is ready to provide docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of manufacturing of the crane. It is specifically observed that this issue is related to the documents filed with RTO. It is further observed that the accused is ready to co-operate with the investigation and submit the documents required for the investigation. The documents are already submitted by the accused. In these circumstances no case is made out to cancel the bail granted to the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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