Mahendra Madhukar Sawant v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2005 OF 2022 Mahendra Madhukar Sawant ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents WITH INTERIM APPLICATION NO.3716 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2005 OF 2022 P.G.Baburajan & Anr.

..

Applicants

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Mr.Ganesh Bhujbal for the Applicant.

Ms.A.A.Takalkar, A.P.P. for the State/Respondent. Mr.Shailesh Kantharia for the Intervenor.

Mr.Tanaji Patil, PSI, attached to Vanrai Police Station, present. ...

CORAM: BHARATI DANGRE, J.

DATED : 15th NOVEMBER, 2022 P.C:- 1.

Learned A.P.P. states that since the provisions of Sections 406 and 420 of IPC are invoked, Investigating Offcer has made every attempt to serve the notice upon the applicant under Section 41 of Cr.P.C., but was unsuccessful. M.M.Salgaonkar

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Learned counsel for the applicant states that the applicant is residing at the address mentioned in the title clause of the application. In case, there is a refusal to accept the said notice, the Investigating Offcer shall construe it as disobedience of the order and shall take appropriate steps. Upon receipt of notice, the applicant shall appear before the Investigating Offcer. On his appearance, the Investigating Offcer shall follow the mandate set out under Section 41A of Cr.P.C. and shall record reasons in writing, in case, he comes to the conclusion that the arrest is necessary. Before effecting the arrest for the purpose of custodial interrogation, he shall serve 72 hours notice to the applicants.

3.

With the aforesaid direction, the application stands disposed off.

In view of the disposal of the application, interim application does not survive and stands disposed off. ( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar