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Bombay High CourtABA/2817/2022disposed off

Salahuddin Mohammad Harun v. State Of Maharashtra

2022-10-11Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 909 ABA 2817.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2817 OF 2022 Salahuddin Mohammad Harun ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr. Suryakant Lavte for the Applicant.

S.H. Yadav, A.P.P. for the State/Respondent.

CORAM: BHARATI DANGRE, J.

DATED : 11th OCTOBER, 2022 P.C:- 1.

Since the offences invoke is under sections 379 and 411 read with section 34 of IPC. It is imperative for the Investigating Officer to issue a notice under section 41- A of Cr.P.C. It appears that the said notice was not issued .

Let the Investigating Officer issue a notice under section 41-A within a period of one week and the applicant shall abide by the said notice a week thereafter by reporting to the Investigating Officer.

2.

On his presence, the Officer-in-charge shall follow the procedure prescribed u/s. 41-A of Cr.P.C and in case if he comes Ashish Mhaske

2/2 909 ABA 2817.22.doc to a conclusion that his custodial interrogation is necessary, he shall record the reasons to that effect. Before effecting his arrest, he shall give 72 hours notice in advance.

Application disposed off.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske