1 appw4311 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 43 OF 2011 IN CRIMINAL WRIT PETITION NO. 2104 OF 2010 Raghunath Dattaram Ghadi ...Applicant V/s. The State of Maharashtra & Ors. ...Respondents Mr. Uday Warunjikar with Mr. V.M. Bhate for the Applicant Mr. D.P. Adsule, A.P.P., for the State Ms. Prachi Khandge i/by M/s. M.P. Vashi & Associates for Respondent No. 3. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 27TH JANUARY, 2011 P.C.:- An unusual application has been preferred, for bail, in the pending Writ Petition. The reason is that the applicant, who is the original writ petitioner, has been arrested in connection with some offence on 21st January, 2011. Notably, the remand application preferred before the lower Court as filed by the police inspector refers to certain facts as transpired in Court during the hearing of the writ petition. It 2 appw4311 appears that that has been made the basis to proceed against the writ petitioner – applicant before us. 2. In the first place, referring to some oral remarks made by this Court, while hearing the Writ Petition, in the remand application filed by the concerned Inspector is, to say the least, unacceptable. The concerned police official could have proceeded against the applicant – original writ petitioner - if he or she was convinced about the involvement of the applicant – original writ petitioner - in commission of some crime. The facts narrated, in particular, in 6th unnumbered paragraph of the remand application (third paragraph on internal page 2 of the remand application), by no stretch of imagination, can be allowed to remain on record. 3. Realising this position, the learned A.P.P. submits that the police inspector will be well advised to withdraw the offending statement in the earlier remand application, and present a fresh remand application, confining to the merits of the material available with the Investigating Officer regarding the involvement of the applicant - original writ petitioner - in the alleged offence. 3 appw4311 4. In view of the above, this application is disposed of, with direction to the Investigating Officer to take corrective measures forthwith before the concerned Court, and in any case, not later than the next remand of the applicant before the lower Court. The concerned Court shall thereafter consider the said remand application or the application of the applicant for his release on bail on its own merits, in accordance with law. 5. Application is disposed of accordingly. 6. Writ Petition be listed on 11th February, 2011, as already directed in terms of our order dated 17th January, 2011. A.R. JOSHI, J. A.M. KHANWILKAR, J.