1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3659 OF 2009 Mohan Anant Shukla ..Applicant versus Investigating Officer, CBI, Mumbai & Anr. ..Respondents Mr. Subhash Jha with Mr. Dinesh Tiwari for Applicant. Mr. Ezaz Khan – Special P.P. for Respondent No. 1. Ms. S. V. Gajare – APP for State. CORAM : S. A. BOBDE, J. DATED : 12TH AUGUST, 2009. P.C. : 1. The applicant is an elected Corporator of the Kalyan Dombivli Municipal Corporation. He has approached this court with a prayer that he be allowed to attend the meeting of the Kalyan Dombivli Municipal Corporation to be held tomorrow, lest he is disqualified under Section 11 of The Bombay Provincial Municipal Corporations Act, 1949, which reads as follows: “11. (b) absents himself during three successive months from the meetings of the Corporation, except from temporary illness or other cause to be approved by the Corporation;” 2 2. There is no dispute that the applicant last attended the meeting on 20th May 2009 and three months contemplated by clause (b) of the above Section would end somewhere on 20th August, 2009. The meeting that is proposed to be held during this period is scheduled tomorrow. 3. Mr. Khan the learned counsel for the CBI submitted that an investigation is going on into an offence pertaining to the death of Pawanraje @ Bhupalsingh Santajiraje Nimbalkar and his driver in Kalamboli area on 3rd June 2006. According to the learned counsel an investigation is in progress and the respondents apprehend that the accused may use this opportunity, if given, to tamper with the prosecution evidence in that event the case of the prosecution would be damaged. 4. Mr. Jha, the learned counsel for the applicant submitted that such a possibility could be obviated by the provision of escort as was earlier ordered by a Division Bench of this Court in Criminal Writ Petition No. 947 of 2008 with Criminal Application Nos. 163 and 188 of 2008 Mohammed Saleem Vali Mohd. Qureshi vs. The State & Ors. decided on 7th October, 2008. The learned counsel for the CBI - respondent No.1 submitted that that case was different, in the sense, the charge sheet had already been filed in respect of the accused in that case. However, having regard to the nature of the objection, viz. that the applicant may tamper with 3 the prosecution evidence, the fact of the charge sheet having been filed or not is of little significance since that eventuality can be taken care of by providing adequate escort. Moreover, it is clear that the purpose of the applicant is to ensure that he is not treated as absent from the meeting within the meaning of Section 11(b) of the Act. 5. Having regard to the circumstances of the case, I consider it appropriate in the interest of justice to allow the applicant to attend the meeting of Kalyan Dombivli Municipal Corporation scheduled on 13th August 2009 at 3.00 p.m. at Mahapalika Bhavan, Kalyan, under a proper escort to be provided by the respondent No. 2 – State. The respondent No.1 may also participate in the escort. The applicant shall deposit a sum of Rs. 10,000/- towards escort arrangement in accordance with law. The applicant shall not communicate with any person except for the purpose of recording his presence at the meeting. 6. Application disposed of with the above directions. 7. All the concerned Authorities to act on an ordinary copy of this order duly authenticated by the Registry. (S. A. BOBDE, J.)