Ashok Baburao Ghuge And ANR v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2824 OF 2022 Ashok Baburao Ghuge and Anr ..

Applicants

Versus

The State of Maharashtra ..

Respondent Mr. Raeed Kazi i/b Mr. Ketan Kothari for the Applicant. Mr. S.H. Yadav, A.P.P. for the State/Respondent. CORAM: BHARATI DANGRE, J.

DATED : 12th OCTOBER, 2022 P.C:- 1.

Considering the nature of accusations levelled against the applicant in the FIR, which came to be registered, pursuant to a complaint lodged under section 156 (3) of Cr.P.C. resulting in registration of C.R. No. 488 of 2022, let the Investigating Officer adhere to the procedure prescribed in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. He shall issue notice under section 41A of Cr.P.C to the applicant. 2.

On receipt of the notice, let the applicant report to the Investigating Officer within a period of seven days from today. He shall render his co-operation to the Investigating Officer in the process of investigation.

On his presence, the Officer-in-charge shall follow the Ashish Mhaske

2/2 907 ABA 2824.22.doc procedure prescribed u/s. 41-A of Cr.P.C and in case if he comes to the 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 is disposed off.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske