Pradeep Yadav v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3122 OF 2022 Pradeep Yadav ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr. Prashant Parab a/w Mr. Gapat Monde for the Applicant. Ms. Veera Shinde, A.P.P. for the State/Respondent. CORAM: BHARATI DANGRE, J.

DATED : 14th NOVEMBER, 2022 P.C:- 1.

There is discrepancy between the contention of the respective counsels about service of notice under section 41A of Cr.P.C, as the learned APP specifically state that notice was served upon the applicant by Speed Post, but this assertion is denied by the counsel for the applicant.

2.

Being it so let a fresh notice be issued to the applicant under section 41A of Cr.P.C., considering the nature of the accusations levelled in the subject CR. The notice shall be issued on the address mentioned in the title clause of the application and on its receipt, within a period of seven days the applicant shall report to the Investigating Officer. He shall render his cooperation to the Investigating Officer in the process of Ashish Mhaske

2/2 907 ABA 3122.22.doc investigation.

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 to the conclusion that custodial interrogation of the applicant is necessary, he shall record the reasons to that effect. Before effecting his arrest, he shall give 72 hours notice in advance. 3.

Application is disposed off.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske