CrL.A. No. 2164  of 2010 @ SLP(Crl.) 1830 of 2008 1

       IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2164  OF 2010 ARISING OUT OF SLP(CRL.) NO. 1830 OF 2008

ASHISH KHARE ..... APPELLANT

VERSUS

STATE OF M.P. ..... RESPONDENT

O R D E R

1. Leave granted. 2. This  appeal  is  directed  against  the  final  order  

dated  31st August,  2008,   passed  by  the  High  Court  of  

Madhya Pradesh in Miscellaneous Criminal Case No. 299 of  

2008  rejecting  the  appellant's  prayer  for  grant  of  

anticipatory bail.

3. On 31st March, 2008, while issuing notice, we had  

directed  that  the  appellant  shall  not  be  arrested  in  

connection with Criminal Case No. 200 of 2007 of Kotwali  

Police Station, Panna, Madhya Pradesh.

4. When the matter is taken up today, it is submitted  

by Ms. Vibha Datta Makhija, learned Advocate, appearing  

for the State of Madhya Pradesh, that the appellant has  

not  been  co-operating  in  the  investigation  after  the  

aforesaid  order  was  passed  by  this  Court  and  for  all  

practical purposes he is not traceable and as a result the

CrL.A. No. 2164  of 2010 @ SLP(Crl.) 1830 of 2008 2

investigation  against  him  could  not  be  concluded  and  

charge sheet is yet to be filed as far as he is concerned.

5. Having heard the learned counsel for the parties, we  

direct the appellant Ashish Khare, to appear before the  

Investigating Officer of this  case on 1st December, 2010  

at 11:00a.m. at the Kotwali Police Station, Panna, Madhya  

Pradesh.   Thereafter,  he  shall  appear  before  the  

Investigation Officer as and when called for.

6.  If a charge sheet is filed against the appellant,  

he shall surrender before the trial court forthwith and  

apply for regular bail.  Till then, the interim order as  

passed by this Court will continue.

7. The appeal stands disposed of in the above terms.

.......................J [ALTAMAS KABIR]

.......................J [CYRIAC JOSEPH]

NEW DELHI NOVEMBER 12, 2010.