Mansurbhai Valjibhai Kanani And ORS v. The State Of Maharashtra

PMB 913.aba.425-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.425 OF 2023 PRADNYA MAKARAND BHOGALE

1. Mansurbhai Valjibhai Kanani

2. Shahabuddin Abbas Samnani

3. Nizar Nanji Alachia ..Applicants VS.

The State of Maharashtra ..Respondent ------------ Adv. N. V. Sawant for the Applicants.

Mr. S. H. Yadav, APP for the State.

------------ PRADNYA MAKARAND BHOGALE Date: 2023.02.14 09:42:25 +0530 CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 13, 2023 P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

This is an application for pre-arrest bail for the offence punishable under Sections 135, 138, 150 of the Electricity Act, 2003 in connection with C.R. No.1054 of 2021 registered with Virar Police Station.

3.

Learned APP submits that the applicants have not co-operated with the investigation despite issuance of the notice under Section 41-A of the Code of Criminal Procedure.

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PMB 913.aba.425-23.doc 4.

My attention is invited to the order dated 30/11/2022 passed in Anticipatory Bail Application No.2932 of 2022 in respect of co-accused Badruddin Nanji Alechiya. The present application also can be disposed of on the same terms considering that the accusations against the present applicants are similar to that of Badruddin Alechiya and as the applicants are the partner of the said firm against whom the offence has been registered.

5.

The applicants to report to the Investigating Officer on 17/02/2023, 18/02/2023 and 19/02/2023 between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called and co-operate. In case if the Investigating Officer wants to effect the arrest if he feels that arrest is imperative in the wake of the reasons recorded by him, he may effect the arrest after giving 72 hours notice in advance to the applicants. The applicants shall furnish the details of their residential addresses and phone numbers to the Investigating Officer.

6.

The application is disposed of.

(M. S. KARNIK, J.) 2/2