VARYAVA ABDUL VAHAB MAHMOOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by the petitioner with following prayer(s):-

(2.) Learned advocate for the applicant has submitted that the applicant has been ordered to be enlarged on anticipatory bail by the Apex Court vide order dtd. 17/2/2023. Pursuant to the said order of the Apex Court, the Trial Court, without the applicant being formally arrested, vide order dtd. 21/3/2023, passed an order imposing conditions for release of the present applicant on anticipatory bail. One of the conditions was that, if the investigating agency is of the opinion that the custodial investigation is required, in that case, it will be open for the investigation agency to move an appropriate application before the concerned Court.

(3.) Pursuant to the said order, the investigating agency moved an application on 24/3/2023 praying for custodial interrogation of the present applicant, however, the number of days for which the custodial interrogation was required was not specified in the said application. The Trial Court is insisting upon the presence of the present applicant while the application for custodial interrogation is being considered. As per the submission of learned advocate for the applicant until and unless the applicant is formally arrested, there is no question of grant of any custodial interrogation to the investigating agency.