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Bombay High CourtABA/2553/2023disposed off

Akansha Avinash Jha v. The State Of Maharashtra

2023-11-08Hon'Ble Shri Justice N. J. Jamadar2 pages

32-aba-2553-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2553 OF 2023 Akanksha Avinash Jha ...Applicant vs.

The State of Maharashtra

...Respondent

Mr. Mubashir Hussein i/b. Mr. Pratik Gupta, for the Applicant Mr. M.G. Patil, APP, for the Respondent/State. Ms. Monali Kumbhar, WPSI, N.M. Joshi Marg police station. CORAM :

N. J. JAMADAR, J.

DATE :

NOVEMBER 8, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

This application is preferred seeking pre-arrest bail in connection with C.R. No. 298 of 2023 registered at N.M. Joshi Marg police station for the offences punishable under sections 420, 465, 467, 468 and 471 of Indian penal Code, 1860.

3.

By an order dated 11th September, 2023 this Court was persuaded to grant interim bail to the applicant. 4.

The learned counsel for the applicant submits that the applicant, pursuant to the direction in the aforesaid order, has appeared before the investigating officer.

5.

The learned APP submits that in the intervening period, the investigating officer has changed. It is necessary to obtain the Vishal Parekar ...1

32-aba-2553-2023.doc specimen hand writing and signature of the applicant. 6.

This Court has ascribed reasons while passing the order of interim bail. At this length of time, the custodial interrogation of the applicant does not seem to be warranted as she has appeared before the investigating officer. Hence, I am impelled to make the order of interim bail absolute.

7.

The order of interim bail dated 11th September, 2023 is made absolute on the terms and conditions incorporated therein. 8.

The applicant shall henceforth attend N.M. Joshi Marg police station as and when directed.

9.

The applicant shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case.

10.

The applicant shall regularly attend the proceedings before the jurisdictional Court.

11.

It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2