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Bombay High CourtABA/2783/2022disposed off

Farooq Mustaq Khatri S/O Haji Mustak A Abdulla v. The State Of Maharashtra And ORS

2022-10-10Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 904 ABA 2783-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2783 OF 2022 Farooq Mustaq Khatri s/o Haji Mustak A Abdulla and ors ..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Ms.Sharon Patole i/b Mohd.Idris Javed for the applicant. Ms.Veera Shinde, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 10th OCTOBER, 2022 P.C:- The learned counsel for the applicants seek transit bail in connection with C.R.No. 414/2018 registered with Pratap Nagar police station, Jodhpur city.

The subject C.R. invoke Sections 420 r/w Section 120B of IPC.

The application do not deserve any consideration on two counts; firstly that the C.R is registered in the year 2018 and secondly, in the wake of the law laid down by the Hon'ble Apex court in case of Satender Kumar Antil Vs. CBI & Anr, AIR 2022 SC 3386. It is imperative for the Investigating Officer to issue Tilak

2/2 904 ABA 2783-22.doc notice u/s.41-A in case of an offence which would invite maximum punishment upto seven years.

The law is equally applicable to all the Courts in the country and therefore, the apprehension expressed by the applicants is unfounded.

Application is dismissed.

( SMT. BHARATI DANGRE, J.) Tilak