Geeta Sanjay Singhan v. State Of Maharashtra

1/2 912 ABA 3112.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3112 OF 2022 Geeta Sanjay Singhan ..

Applicant

Versus

The State of Maharashtra ..

Respondent Adv. Suparnaraj D a/w Adv. Sandhya Mailagir a/w Adv. Ojha Atl Kumar a/w Adv. Dhanashri Shinde for the Applicant. Mr. S.V. Gavand, A.P.P. for the State/Respondent. Mr. Sudhir Korgaonkar, PSI, Kasturba Marg Police Station. CORAM: BHARATI DANGRE, J.

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

The applicant was served with a notice under section 41A of Cr.P.C on 26/10/2022. Though the notice is received by the applicant he failed to report to the Investigating Officer and choose to approach the Sessions Court which has turned down his request for protection from arrest.

2.

In the wake of the decision of the Hon'ble Apex Court in case of Satender Kumar Antil vs. CBI 2022 SCC online SC 825. It is imperative that the notice is issued under section 41A of Cr.P.C in case of offences which are punishable with Ashish Mhaske

2/2 912 ABA 3112.22.doc imprisonment up to 7 years and in terms of the order issued by the Director General of Police Vide direction No. 3 of 2022 dated 20/07/2022. The Investigating Officer has issued the notice as directed and the applicant is duty bound to abide by the said notice.

The learned counsel for the applicant state that the applicant shall report to the Investigating Officer within a period of 7 days from today. Upon her presence the Investigating Officer shall investigate her and before he arrive at the conclusion that the custodial interrogation of the applicant is necessary he shall record reasons in writing to that effect. In case if he want to effect the arrest in the wake of the reasons recorded by him he shall give 72 hours notice in advance to the applicant. Application is disposed off.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske