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Bombay High CourtABA/2181/2022disposed off

Gulshan Nanikram Kataria v. State Of Maharashtra

2022-09-19Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 21 ABA-2181-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2181 OF 2022 Gulshan Nanikram Kataria ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH INTERIM APPLICATION NO.2821 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2181 OF 2022 Mukesh Kanyalal Bhagwani ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ...

Mr.Amti Singh for the Applicant.

Mr.S.H.Yadav, A.P.P. for the State/Respondent. Mr.Vijendra Chandane for the Intervenor.

API M.D.Ralebhat, attached to Central Police Station, present. ...

CORAM: BHARATI DANGRE, J.

DATED : 19th SEPTEMBER, 2022 P.C:- 1.

In continuation of the order dated 25/08/2022, the Investigating Offcer who is present in the Court, makes a categorical statement that the subject C.R. does not warrant M.M.Salgaonkar

2/2 21 ABA-2181-22.doc invocation of Sections 467, 468, 469, 471 of IPC and he makes a categorical statement that the applicant shall only be charged under Sections 406 and 420 of IPC.

Confning himself to Sections 406 and 420 of IPC, notice under Section 41A of Cr.P.C. was issued to the applicant and he has reported once.

2.

Learned counsel for the applicant states that he shall report to the Investigating Offcer within a period of 7 days from today and in case, the Investigating Offcer is desirous of effecting his arrest on interrogating him, he shall follow the procedure prescribed under Section 41A and record the reasons in writing. If he comes to the conclusion that the custodial interrogation is necessary, he shall issue 72 hours notice in advance.

With the aforesaid direction, the application stands disposed off. Interim Application also stands disposed off. ( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar