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High Court of DelhiBAIL APPLN./2644/2017

Shubhro Mukerjee v. The State Govt Of NCT Of Delhi

2018-09-07Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2644/2017 SHUBHRO MUKERJEE ..... Petitioner Through:

Mr.

Prosenjeet Banerjee and Mr.

Arpit Kumar Singh, Advs.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Ms. Aashaa Tiwari, APP for State with Insp. Asha, CWC Nanak Pura (Investigating Officer).

Mr. Vikas Pahwa, Sr. Adv. with Mrs.

Ishina Randhava, Mr. A. Khanna and Mr. Shadman Siddiqui, Advs.

for Complainant.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.09.2018 Present FIR is an outcome of matrimonial discord between petitioner and complainant. Learned APP, who is assisted by learned senior counsel for the complainant, submits that only notice under Section 41A Cr.P.C. has been given to the petitioner. Investigating Officer, who is present in Court, submits that at present arrest of petitioner is not required and only notice under Section 41A Cr.P.C. has been given. Vide order dated 06/12/2017, trial court has directed the Investigating Officer to give three days prior notice if petitioner is required to be arrested. Learned counsel for the petitioner submits that time of three days is

too short to move application seeking anticipatory bail, if there is apprehension of arrest.

Accordingly, it is ordered that Investigating Officer shall give one week prior notice to the petitioner, if she intends to arrest him. Bail application is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 07, 2018 ga