Ivan Albert Dcruz @ Mickey v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2201 OF 2022 Ivan Albert D'cruz @ Mickey ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Marmik Shah i/b Ms.Archana U. Suple for the Applicant. Mr.S.V.Gavand, A.P.P. for the State/Respondent. PI Rajani Salunkhe, attached to Oshiwara Police Station, present.

...

CORAM: BHARATI DANGRE, J.

DATED : 29th AUGUST, 2022 P.C:- 1.

Considering that the subject C.R. registered with Oshiwara Police Station is of the year 2019, learned A.P.P. Mr.Gavand states that the notice under Section 41A of Cr.P.C. was issued to the applicant on 13/04/2022.

Learned counsel for the applicant states that the applicant has reported to the police station in pursuance there to, but the said statement is disputed by the Investigating Officer, who is present in the Court.

M.M.Salgaonkar

2/2 18 ABA-2201-22.doc 2.

In the fitness of the things, let the applicant report to the Investigating Officer and comply with the notice under Section 41A. The Investigating Officer shall follow the procedure prescribed under the said provision and in case, if she is desirous of effecting the arrest of the applicant, she shall record the reasons in writing for effecting the arrest. The Investigating Officer shall also issue 72 hours advance notice in case, she arrives at the conclusion that custodial interrogation of the applicant is very much necessary. 3.

With the aforesaid direction, the application is disposed off.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar