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Bombay High CourtABA/2236/2022disposed off

Ranjan Kumar v. State Of Maharashtra

2022-08-19Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 908 ABA-2236-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M Date: 2022.08.20 18:28:34 +0530 SALGAONKAR M M CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2236 OF 2022 Ranjan Kumar ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Kushal Mor for the Applicant.

Mr.S.V.Gavand, A.P.P. for the State/Respondent. Mr.Ashish Verma with Ms.Prerna Sharma for the Intervenor. API R. D.Toradmal and HC Shejwal attached to Kapurbawdi Police Station, present.

...

CORAM: BHARATI DANGRE, J.

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

The applicant is apprehending his arrest in connection with C.R.No.228 of 2022 registered with Kapurbawdi Police Station, Thane, which invokes Sections 406, 420 read with Section 34 of IPC.

The applicant admits that he was served with a notice under Section 41A of Cr.P.C. dated 06/07/2022 and he has also placed on record the copy of the said notice. A statement is M.M.Salgaonkar

2/2 908 ABA-2236-22.doc made on oath that the applicant was unable to attend the Investigating Offcer on account of his ill health. The response to the said notice issued by the applicant is dated 14/07/2022 and he sought exemption from his appearance on a particular date. The applicant can respond to the notice even now and attend the police station at this stage in the wake of the accusations levelled against him by the complainant and which involves an MOU/agreement with a mode of settlement of dispute being categorically set out. 2.

Learned counsel Mr.Mor states that the applicant shall report to the Investigating Offcer on 25th August, 2022 and he shall continue to stay in Mumbai even on 26th August, 2022, in case, if the interrogation is not complete.

3.

Upon appearance of the applicant in response to the notice, the Investigating Offcer shall follow the procedure prescribed under Section 41A of Cr.P.C. and if he intends to effect his arrest, he shall record reasons for his doing so and shall issue a 72 hours notice before effecting the arrest. 4.

The application stands disposed off.

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