Harsha Ashish Firodia v. State Of Maharashtra

11 aba 230-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 230 OF 2022 SNEHA NITIN CHAVAN Harsha Ashish Firodia ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr. Chetan Deshmukh for the Applicant.

Mr. R.M. Pethe, APP for the Respondent/State. PSI Rakesh Sarde attached to Vishram Baug Police Station present.

---- CORAM : C.V. BHADANG, J.

by SNEHA NITIN CHAVAN Date: 2022.01.31 17:22:25 +0530 DATE : 31 JANUARY 2022 (Through Video Conferencing) P.C.

1.

The Applicant apprehending his arrest in connection with the investigation of Crime No. 112 of 2021 registered with Vishrambaug Police Station, Dist. Pune under Section 392 read with Section 34 of I.P.C. is seeking pre-arrest bail. 2.

The aforesaid offence is registered on the basis of the complaint lodged by Pavitra Kamble stating that on 21.09.2021 while she was proceeding on her Activa motorcycle at about 6.00 a.m. in the morning, two unidentified persons coming on two wheeler snatched her mangalsutra near Sahitya Parishad Bus stop, in front of Ambika Bhuvan Hotel, Tilak Road, Pune. Sneha Chavan page 1 of 2

11 aba 230-22.doc Indisputably, there are two accused, who have already been arrested namely Amol Bochare and Ashish Firodia, the investigation is complete and the chargesheet is filed. The present Applicant happens to be the wife of Ashish Firodia. 3.

According to the Investigating Officer, a notice under Section 160 of Cr.P.C. has been issued to the Applicant as a witness.

4.

Thus, admittedly, at present the Applicant is not shown as an accused, nor there is notice under Section 41A of Cr.P.C. issued to her.

5.

In such circumstances, the Criminal Application is disposed of.

6.

It will be open to the Investigating Officer to issue a notice to the Applicant under Section 41A of Cr.P.C., if found necessary giving 72 hours time to the Applicant.

7.

If such notice is issued by the Investigating Officer, liberty granted to the Applicant to renew the request. (C.V. BHADANG, J.) Sneha Chavan page 2 of 2