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Bombay High CourtABA/1826/2021disposed off

Shree Rushabh Pradeep Shroff And ANR v. The State Of Maharashtra

2021-12-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

IRESH SIDDHARAM MASHAL Date: 2021.12.10 11:29:39 +0530 IRESH SIDDHARAM MASHAL 901.1826.21 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1826 OF 2021 SHREE RUSHABH PRADEEP SHROFF AND ANR ....APPLICANTS V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT WITH INTERIM APPLICATION NO. 2962 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO. 1826 OF 2021 RAJESH MEWAWALA ....APPLICANT

IN THE MATTER BETWEEN

SHREE RUSHABH PRADEEP SHROFF AND ANR ....APPLICANTS V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Aabad H. Ponda, Senior Advocate i/b Mr. Shailesh Kharat for the applicants Ms. Sharmila S. Kaushik APP for the State Mr. Hrishikesh Mundargi i/b Paavani Chaddha for intervener Mr. Govind Kakde, API, Malabar Hill Police Station CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 9, 2021.

P.C.:

1] Applicant is seeking pre-arrest bail in C.R. No. 37/2021 registered with Malabar Hill Police Station, Mumbai for Offences 1/2

901.1826.21 aba.doc punishable under Sections 409, 506 r/w 34 of the Indian Penal Code. 2] Prayer for bail is objected by counsel for the complainant. 3] Learned APP on instructions from the Investigating Officer that evidence collected during investigation does not warrant or justify custodial interrogation of the applicant.

4] In the aforesaid background, keeping the right of the applicant in tact that in case if in future, Investigating Officer intends to arrest the applicant, applicant will be at liberty to approach this Court. 5] Needless to clarify that in case if the Investigating Officer needs custody of the applicant, he shall issue 72 hours notice to that effect. 6] Application for pre-arrest bail alongwith intervention application stand disposed of with above observations. [NITIN W. SAMBRE, J.] 2/2