Rahul Babu Manohar v. State Of Maharashtra

1/2 22 ABA 1257-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1257 of 2022 Rahul Babu Manohar ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Pradeep Singh with Ashutosh Ratadi for the applicant. Mrs.Anamika Malhotra, APP for the State.

PSI Shri S. Jadhav from Charkop police station present. CORAM: BHARATI DANGRE, J.

DATED : 14th JUNE, 2022 P.C:- By order dated 13/5/2022, the applicant was admitted to protection from arrest by recording that the applicant was not named in the FIR which was lodged against the two coaccused and two unknown persons. Recording that there is no material to establish the identity of the applicant, the protection was granted. The learned APP, on instructions of the Investigating Officer, state that the applicant has reported to the police station. The Investigating Officer has not been able to connect him to the Tilak

2/2 22 ABA 1257-22.doc subject C.R and there is no material to establish that the applicant is one of the two unknown persons.

The statement recorded u/s.27 of the Indian Evidence Act which was sought to be relied upon is again pressed into service, but since the law on the said point is well settled that except disclosure flowing from the said statement, the statement was not admissible, it cannot be relied upon. In any case, the applicant is directed to report to the police station on every Sunday till filing of the charge.

Continuing the said order, directing his attendance, the order dated 13/5/2022 is made absolute.

( SMT. BHARATI DANGRE, J.) Tilak