Harshal Rajendra Berde v. State Of Maharashtra And ANR

PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2022.12.06 18:52:15 +0530 ANTICIPATORY BAIL APPLICATION NO.2156 OF 2022 PRADNYA MAKARAND BHOGALE RAVINDRA PRABHAKAR BERDE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT WITH INTERIM APPLICATION NO.3202 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2156 OF 2022 HARSHAL RAJENDRA BERDE ..APPLICANT

IN THE MATTER BETWEEN

RAVINDRA PRABHAKAR BERDE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Ankit R. Takle for applicant.

Ms. P. N. Dabholkar, APP for State.

Mr. R. M. Upadhyay a/w Mr. Manoj O. Singh for intervenor. Mr. Santosh Mane, PI, Worli Police Station, Mumbai. ------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 6, 2022.

P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application for pre-arrest bail in respect of the offence punishable under Sections 177, 181, 182, 199,

200, 419, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 in connection with C.R. No.890 of 2022 registered with Worli Police Station, Mumbai on the basis of complaint filed by one Mr. Harshal Rajendra Berde. 3.

Learned APP at the outset submits that despite issuance of notice under Section 41A of the Code of Criminal Procedure, 1973, the applicant has not co-operated with the Investigating Officer and participated in the investigation.

4.

Learned counsel for the applicant submits that there is some misunderstanding as the applicant is always willing to co-operate with the investigation. Learned counsel for the applicant on instructions submitted his willingness to appear before the Investigating Officer and co-operate. 5.

In this view of the matter let the applicant appear before the Investigating Officer on 8th, 9th and 10th December, 2022 between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called. In case if the Investigating Officer wants to effect the arrest if he feels that arrest is imperative in the wake of the reasons recorded by him, he

may effect the arrest after giving 72 hours notice in advance to the applicant. The applicant shall furnish the details of his residential address and phone numbers to the investigating officer.

6.

Anticipatory Bail Application is disposed of. 7.

Interim Application is also disposed of.

(M. S. KARNIK, J.)