Nitin Chandrakant Gaikwad v. State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.11.24 17:02:59 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3207 OF 2022 Rajendra Chandrakant Jagtap ..Applicant vs.

State of Maharashtra ..Respondent WITH ANTICIPATORY BAIL APPLICATION NO.3063 OF 2022 Nitin Chandrakant Gaikwad ..Applicant vs.

State of Maharashtra ..Respondent Mr. Abhideep Khaladkar a/w Mr. Mahesh Vishwakarma, for applicant in ABA/3207/2022.

Mr.Shekhar Jagtap a/w Ms. Rhea Francis i/b J.Shekhar & Co., for applicant in ABA/3063/2022.

Ms.A.A.Takalkar, APP for respondent-State.

API-Mr. P.B.Suroshe, Goregaon Police Station, Mumbai present.

CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 24, 2022 P.C. :

1.

Heard learned counsel for the applicants.

2.

These are the applications for pre-arrest bail in respect of an offence punishable under sections 406 and 420 of the Indian Penal Code, 1860 ("IPC", for short) and

under sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, ("MPID Act", for short) in connection with C.R.No. 832 of 2022 registered with Goregaon Police Station. 3.

I have gone through the order dated 15/11/2022 passed by this Court. The applicant is facing accusations under sections 406 and 420 of the IPC and under sections 3 and 4 of the MPID Act.

4.

Learned APP submits that notice under section 41A of the Code of Criminal Procedure, 1973 was issued. The applicants attended along with documents on 1 or 2 dates, but they failed to attend thereafter. Learned counsel for the applicants submit that they were not informed by the Investigating Officer that some further enquiries are necessary. In any case, it is submitted by learned counsel for the applicants that the applicants would attend the Investigating Officer and co-operate with the investigation. The applicants to attend the Investigating Officer on 28/11/2022, 29/11/2022 and 30/11/2022 between 11.00 a.m. to 1.00 p.m. and co-operate with the Investigating

Officer. In case if the Investigating Officer wants to effect the arrest if he feels that arrest is imperative, in the wake of the reasons recorded by him, he may effect the arrest after giving 72 hours notice in advance to the applicants. 5.

The anticipatory bail applications are disposed of. (M. S. KARNIK, J.)