Shabana Ismail Shaikh v. The State Of Maharashtra

1/2 911 ABA-2887-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2887 OF 2022 Shabana Ismail Shaikh ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Ms.Lakshmi Raman for the Applicant.

Ms.Rutuja Ambekar, A.P.P. for the State/Respondent. Mr.Saurabh Butala for the complainant.

PSI C.K.Sapkale, attached to Kasarvadavali Police Station, present.

...

CORAM: BHARATI DANGRE, J.

DATED : 17th OCTOBER, 2022 P.C:- 1.

Learned A.P.P. states that the Investigating Offcer is likely to issue notice under Section 41A of Cr.P.C. to the applicant. A specifc statement is, the notice could not be issued earlier, since the applicant was not found at the address.

2.

Learned counsel for the applicant makes a categorical statement that she has correctly mentioned the address of the applicant in title clause of the application. The Investigating Offcer is, therefore, expected to serve the notice on the said address within seven days from today. M.M.Salgaonkar

2/2 911 ABA-2887-22.doc Upon his appearance, the Investigating Offcer shall follow the mandate set out under Section 41A of Cr.P.C. and shall record reasons in writing, in case, he comes to the conclusion that the arrest is necessary. Before effecting the arrest for the purpose of custodial interrogation, he shall serve 72 hours notice to the applicant.

3.

With the aforesaid direction, the application stands disposed off.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar