Anand S/O. Basant Mishra And ORS v. The State Of Maharashtra And ORS

1 of 2 911.ABA.1043.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1043 OF 2017 Anand Basant Mishra and others Applicants versus State of Maharashtra and others Respondents Mr.A.M.Saraogi for Applicants.

Smt.Veera Shinde, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE :

21st June 2017 PC :

1.

This is an application seeking transit anticipatory bail in connection with a complaint lodged by wife of Applicant no.1 with Nigadi Police Station, Pune. The Applicants were apprehending arrest on account of the fact that they were continuously called by the investigating machinery for the purpose of interrogation. At the earlier point of time, Applicant no.1 preferred a similar application which was granted and he had attended the police station as directed. However, at that point of time, no first information report was registered.

2.

Learned APP, on instructions from the concerned police station, submitted that although a complaint has been received with the said police station on 22nd May 2017, so far no FIR has been registered on the basis of such complaint.

2 of 2 911.ABA.1043.2017 3.

Learned advocate for Applicant submitted that threat of arrest is on their head since last three months and some protection may be granted to them so that they can approach appropriate Court for seeking appropriate reliefs. Considering the fact that the complaint has been received at the police station and the dispute is on account of matrimonial discord, the concerned police station is directed to give 72 hours prior notice of arrest in writing to the Applicants, if they intend to arrest the Applicants.

4.

Hence, I pass following order :

ORDER

(i) The Senior Inspector of Police, Nigadi Police Station, Pune is directed to give 72 hours prior notice in writing to the Applicants in the event they intend to arrest the Applicants in connection with any FIR registered at the instance of wife of Applicant no.1 herein; (ii) The application stands disposed of.

(PRAKASH D. NAIK, J.) MST