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Bombay High CourtABA/2455/2022disposed off

Arvind Patel And ANR v. State Of Maharashtra

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

1/2 30 ABA-2455-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2455 OF 2022 Arvind Patel & Ors.

..

Applicants

Versus

The State of Maharashtra ..

Respondent WITH INTERIM APPLICATION NO.3049 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2455 OF 2022 Yogesh Subrayya Nayak ..

Applicant

Versus

The State of Maharashtra & Anr.

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Respondents ...

Ms.Sindhu Shaji Edachali for the Applicants.

Mr.S.V.Gavand, A.P.P. for the State/Respondent. Mr.Kapil Dave for the Intervenor.

PI Sawant, attached to Kandivali Police Station, present. ...

CORAM: BHARATI DANGRE, J.

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

The applicants are served with the notice under Section 41A of Cr.P.C. dated 18/07/2022 in connection with C.R.No.05 M.M.Salgaonkar

2/2 30 ABA-2455-22.doc of 2022, which invoke Sections 406, 420 read with Section 34 of the Indian Penal Code.

2.

When specifcally asked, whether the applicants have reported to the Investigating Offcer pursuant to the said notice, learned counsel for the applicant states that they have addressed a letter in writing.

Since the notice is served upon the applicants, they are expected to serve with the said notice and mark their appearance before the Investigating Offcer within 7 days from today.

3.

Upon their appearance, the Investigating Offcer shall follow the procedure prescribed under Section 41A of Cr.P.C. and in case, he is desirous of effecting the arrest, he shall record specifc reasons in writing and shall give 72 hours notice to the applicant, before effecting the arrest. 4.

With the aforesaid direction, the application is 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