vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.461 OF 2008 WRIT PETITION NO.461 OF 2008 WRIT PETITION NO.461 OF 2008 Waheeda H. Shattaf ... Petitioner V/s. The State of Maharashtra ... Respondent Mr.Shirish Gupte i/b Madhukar Dalvi for Petitioner Mrs.A.A. Mane, APP, for Respondent-State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 15, 2008 APRIL 15, 2008 APRIL 15, 2008 P.C.: P.C.: P.C.: . The Petition has been filed by one of the accused against the order of the Additional Sessions Judge, Pune in Miscellaneous Application No.334 of 2008 cancelling the anticipatory bail granted to the petitioner. The anticipatory bail has been cancelled by the learned Sessions Judge. The case of the prosecution that petitioner is not cooperating with the investigation and, therefore, custodial interrogation is required has been accepted by the learned Sessions Judge. 2. This Court has granted the ad-interim stay in terms of prayer clause (b) on 3.3.2008. The order of the Investigating Officer to arrest the petitioner has thus been stayed from 3.3.2008. However, the petitioner was later directed to attend the Office of the Local Crime Branch, Pune on every alternate Sunday between : 2 : 11am and 4 pm w.e.f. 20.1.2008. 3. An affidavit has been filed by the API Dnyaneshwar Ramnath Ganore attached to the Local Crime Branch, Pune Rural, Pune contending that certain pages of the register which shows entries of incoming and outgoing cars from the Housing Society in which the victim was residing had been torn off. Therefore custodial interrogation of the petitioner is required in order to ascertain whether she was responsible for that act, according to the learned APP. 4. The police were aware about the pages having been torn from the register, ten months before the application for cancellation of the anticipatory bail was made. In this view of the matter, there is no need for custodial interrogation of the petitioner at this stage. Besides the petitioner has a four year old child and she could well be interrogated without being in custody at this stage. 5. The petitioner shall report to the Local Crime Branch, Pune Rural, 7 Pune every Wednesday and Sunday between 11am and 4 pm from 23.4.2008 onwards for a period of two months. The Petitioner will cooperate with the investigation agencies. : 3 : 6. Writ Petition is disposed of accordingly.