1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.462 of 2008 The State of Maharashtra ... Applicant versus Arun Gulab Gawali .. Respondent ... Mr. Pradeep D. Gharat, Spl.P.P. for the applicant State. Mr.I.A.Bagaria for the respondent. Mr.K.V.Saste APP for the State. CORAM : D.G. KARNIK, J. DATED : 14th January 2010 P.C. 1. Heard. 2. By this application, the State challenges the order dated 24th December 2006 passed by the Addl. Chief Metropolitan Magistrate granting bail to the applicant. The order was challenged before the Sessions Court also but by an order dated 18th May 2007, Sessions Court repelled the challenge. Thereafter this application has been filed on 12th February 2008 i.e after lapse of nearly nine months of the order of the Sessions Judge. The delay is not satisfactorily explained. 2 3. In any event, the alleged incident took place on 13th January 2006. Though more than three years have passed since the incident, police have not filed the charge-sheet. This shows laxity on the part of the police. Learned APP appearing for the State submits that investigation could not be completed because police custody has not been granted. I am unable to agree with the submission. Custodial Interrogation may be useful in investigation but in the facts and circumstances of the case, it is not possible to hold that for want of custodial interrogation, the police could not have carried out the investigation at all. 4. In my view, no ground for cancellation of bail has been made out. Hence, application is rejected. (D.G. KARNIK,J.)