Chandrakant Shrirang Wanjari And ORS v. The State Of Maharashtra
4.aba.172-20.doc PMB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.172 OF 2020 Chandrakant Shrirang Wanjari and ors.
.. Applicants vs.
The State of Maharashtra .. Respondent --------------------- Mr. M.S. Mohite, Senior Advocate i/b. Mr. Vaibhav R. Gaikwad for the Applicants.
Mr. N.B. Patil, APP for the State.
--------------------- CORAM : M.S.KARNIK, J.
DATE : NOVEMBER 26, 2021 P.C.:- 1.
Mr. Mohite, learned Senior Advocate appearing on behalf of the applicant produced a copy of the 'B' summary report which was fled by the Investigating Ofcer before the Judicial Magistrate First Class, Karad. In the report it is mentioned that a 'B' summary is fled as the Investigating Ofcer has found the complaint to be false. It is further observed that appropriate action will be initiated against the complainant. 2.
In this view of the matter, nothing remains for consideration in the Anticipatory Bail Application at this stage. 1/2
4.aba.172-20.doc Learned Senior Advocate appearing for the applicant therefore does not wish to press the application. Learned APP pleads no instructions. However, in view of the copy of the report which is submitted by the learned Senior Advocate and in the light of the contention that he is not pressing the application, it is not necessary to keep the matter pending.
3.
In the event the Jurisdictional Magistrate does not accept the 'B' summary report, the Investigating Ofcer to give 72 hours notice to the applicant, if he fnds that the custodial interrogation of the applicant is necessary.
4.
The application is disposed of as not pressed with liberty to fle afresh.
5.
Needless to mention that the application is disposed of in view of the 'B' summary report and none of the merits of the contentions raised are considered.
6.
Mr. Gaikwad, advocate on record undertakes to inform the Investigating Ofcer about this order.
(M.S. KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:
2021.11.29 18:50:18 +0530 PRADNYA MAKARAND BHOGALE 2/2