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Bombay High CourtABA/2093/2022disposed off

Hiren Kalidas Mewada v. The State Of Maharashtra

2022-08-03Hon'Ble Smt. Justice Bharati Dangre2 pages

(904)ABA-2093-2022.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2093 OF 2022 Hiren Kalidas Mewada ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Mr.D.D. Rananaware for the Applicant.

Mr.S.H. Yadav, APP for the State.

Complainant present.

PSI Sandip Yesane, Dahisar Police Station present. CORAM :

BHARATI DANGRE, J DATE :

3RD AUGUST, 2022.

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.08.04 10:52:02 +0530 P.C.

RAJSHREE KISHOR MORE 1] The learned APP submits that on 07.04.2022 the concerned Police Station has issued notice under Section 41-A of the Cr.P.C. to the applicant, which according to the record is served upon the applicant.

2] The applicant shall report to the Investigating Officer in compliance.

3] The Investigating Officer shall follow the procedure prescribed under Section 41-A of the Cr.P.C. and directions issued in the case of Arnesh Kumar vs. State of Bihar and Another, reported in (2014) 8 1/2

(904)ABA-2093-2022.doc SCC 273, which stipulates that merely because there is power to arrest, it does not mean that the Investigating Officer shall arrest the applicant, unless custodial interrogation is warranted. 4] In the wake of above, application is disposed off. [BHARATI DANGRE, J] 2/2