Bombay High Court
Hitesh Girish Bangari vs The State Of Maharashtra on 15 March, 2024
Author: Amit Borkar
Bench: Amit Borkar
5-aba2239-2023.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
ANTICIPATORY BAIL APPLICATION NO.2239 OF 2023
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2024.03.15
16:57:31 +0530
Hitesh Girish Bangari ... Applicant
V/s.
The State of Maharashtra ... Respondent
WITH
INTERIM APPLICATION NO.3542 OF 2023
IN
ANTICIPATORY BAIL APPLICATION NO.2239 OF 2023
Alpesh Arvindbhai Patel & Anr. ... Applicants
In the matter between
Hitesh Girish Bangari ... Applicant
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr. Yuvraj Naravankar i/by Ms. Jayashri Mane for the
applicant in ABA.
Mr. Mohd. Arshad Nehal for the applicant in IA.
Mr. Anshuman Deshmukh for respondent No.2.
CORAM : AMIT BORKAR, J.
DATED : MARCH 15, 2024
P.C.:
1. It is noted that in almost all matters the case diary produced by the Investigating Officer is not in accordance with Sub-section (1B) of Section 172 of the of the Criminal Procedure Code, 1973.
1 ::: Uploaded on - 15/03/2024 ::: Downloaded on - 31/03/2024 03:57:35 :::5-aba2239-2023.doc Section 172 reads as under:
"172. Diary of proceedings in investigation.-- (1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.
1(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary.
(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.
(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply."
2. Various High Courts have interpreted Sub-section (1B) to mean that the case diary referred in Sub-section (1) should not be in the formation of loose sheets. The case diary must be bound and paginated alternatively. This Court in Jayant Pandurang Jagdale & Anr. vs. The State of Maharashtra in Anticipatory Bail Application 2 ::: Uploaded on - 15/03/2024 ::: Downloaded on - 31/03/2024 03:57:35 ::: 5-aba2239-2023.doc No.603 of 2018 on 22nd November 2018, recorded a statement of Advocate General that the Director General of Police, State of Maharashtra had issued a Circular dated 19th January 2017 directing all the concerned Investigating Officers in the State of Maharashtra to comply with the provisions of Section 172(1B) of the Criminal Procedure Code, 1973 in its strict sense. This Court also recorded an assurance from the Advocate General that despite issuance of such circular, it is observed that Section 172(1B) of the Criminal Procedure Code, 1973, is not followed by the Investigating Officers.
3. The State of Maharashtra shall, therefore, file an affidavit indicating steps taken by the State of Maharashtra in furtherance of order dated 22nd November 2018 passed by this Court. In case steps are not taken as per the assurance recorded in the order of this Court, the State of Maharashtra shall again issue necessary instructions to all Investigating Officers to comply with Section 172(1B) of the Criminal Procedure Code, 1973 and the manner of compliance.
4. The affidavit shall be filed within two weeks from today.
5. Stand over to 5th April 2024.
6. Ad-interim relief granted earlier to continue till 5th April 2024.
(AMIT BORKAR, J.) 3 ::: Uploaded on - 15/03/2024 ::: Downloaded on - 31/03/2024 03:57:35 :::