Rehmani Zilani Shaikh v. The State Of Maharashtra

903-aba-166-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.166 OF 2015 Rehmani Zilani Shaikh ...Applicant vs.

State of Maharashtra

...Respondent

Mr. Suresh Dubey, Advocate for the Applicant. Mrs. G.P. Mulekar, APP for the State.

CORAM : P.D. KODE, J.

DATE : FEBRUARY 11, 2015 P.C.

.

Heard.

2.

The learned APP in reply to the grievances of the learned counsel for the applicant that the police are attempting to arrest the applicant without following the procedure prescribed under the law particularly the provisions of section 41 and 41A of the Code of Criminal Procedure has submitted that police were unable to follow the Vishal 1/2

903-aba-166-2015 said procedure in view of non availability of applicant at his address. The learned APP further makes statement that police are ready to follow the said procedure and also ready to serve the notice upon the applicant through his learned counsel and would be served the notice upon the applicant through his advocate during the course of the day. Mr. Suresh Dubey, the learned counsel for the applicant states that he will accept the said notice if serving upon him during the course of the day.

3.

Having regard to it, this application is disposed of with direction to the police that in event of themselves intending to arrest the applicant, they shall give 48 hours notice to the applicant.

Application stands disposed of.

(P.D. KODE, J.) Vishal 2/2