Sukant Sanjay Kumar Choudhary v. State Of Maharashtra

1/2 905 ABA 1528-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1528 of 2022 Sukant Sanjay Kumar Choudhary .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr.Manoj Singh with Deepak Pathak i/b MKS Legal Associates for the applicant.

Mr.A.A. Palkar, APP for the State.

Mr.Sunil Gode from Oshiwara police station present. CORAM: BHARATI DANGRE, J.

DATED : 13th JUNE, 2022 P.C:- On noticing that a notice u/s.41(1)(A) was issued to the complainant, on 26/11/2021, directing him to mark his presence before the Investigating Officer, in an allegation of cheating of an amount to the tune of Rs.10,61,000/-, Shri Sunil Gode, Investigating Officer, who is present in the Court make a statement that the applicant has not attended the police station. Learned counsel for the applicant is unable to give the exact date on which he attended the police station.

In any case, when notice u/s.41(1)(A) was issued, the applicant was duty bound to comply with the same. Upon his coTilak

2/2 905 ABA 1528-22.doc operation in the investigation, it was upto the Investigating Officer whether to effect the arrest. However, since there was no compliance, learned counsel for the applicant state that he shall comply with the notice by reporting to the Investigating Officer on 15/6/2022.

The Investigating Officer shall take steps in terms of Section 41(1)(A).

The applicant seek permission to withdraw the Bail Application since he is desirous of responding the notice issued to him.

Application is disposed off with liberty to approach the Court if any contingency arises.

( SMT. BHARATI DANGRE, J.) Tilak