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Judgment
Shailendra Shukla, J
This application under Section 482 Cr.P.C. has been filed seeking exemption from appearing before the I.O., as directed by this Court by order dated
20.1.2021 in M.Cr.C. No.48414/2020, as per which the applicant was required to appear before the investigating officer on 29.1.2021.
The aforesaid order was passed while allowing the anticipatory bail application.
Learned counsel for the applicant has submitted that the applicant is stationed in the north-east border of the country and has not been able to obtain
leave for appearing before the IO and hence the exemption application has been made.
Learned Public Prosecutor for the State was heard who has opposed the application.
Considered.
The applicant was enlarged on anticipatory bail and his presence before the IO is required for assistance in the investigation process and such
presence cannot be averted, however looking to the conditions prevailing in respect of the applicant, it would be appropriate to direct the applicant
through his counsel to make a mention regarding the date on which he would be on leave so that the same date can be assigned for his appearance
before the Investigating Officer.
The applicant should mention the aforesaid on 8.3.2021.
The M.Cr.C. No.9382/2021 is disposed of in the aforesaid terms.
C.C. as per rules.