Tousif Shahabuddin Muula v. State Of Maharashtra

(16)ABA-1997-2022.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1997 OF 2022 Tousif Shahabuddin Mulla ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Mr.Satyavrat Joshi i/b Sumant Deshpande, for the Applicant. Mrs.A.A. Takalkar, APP for the State.

Ms.Kajal Singh, for the intervenor.

PI V.L. Ardekar,MIDC Police Station present.

CORAM :

BHARATI DANGRE, J DATE :

21st SEPTEMBER, 2022.

P.C.

1] In response to the earlier query, the learned APP makes a statement that on 30.04.2022 notice under Section 41A of the Cr.P.C. was issued to the Applicant. Her statement is that, the applicant has not reported.

2] As against the said statement, Mr.Joshi invited my attention to various documents placed in the application where certain queries were made by the Investigating Officer and he had responded to the same through WhatsApp chat.

3] Without going into the said controversy, Mr. Joshi states that the Applicant shall report to the Investigating Officer within a period of 7 1/2

(16)ABA-1997-2022.doc days from today.

Upon his reporting, the Investigating Officer shall follow the procedure prescribed under Section 41A of the Cr.P.C. and in case if he is desirous of affecting arrest of the Applicant, he shall record reasons in writing. In case, if he comes to the conclusion that custodial interrogation is warranted, he shall give 72 hours advance notice. 4] With the above directions, Application is disposed off. [BHARATI DANGRE, J] 2/2