Owais Abdullah Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3130 OF 2022 Owais Abdullah Khan ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Ali Bubere with Mr.Mujtaba Shaikh for the Applicant. Ms.Veera Shinde, A.P.P. for the State/Respondent. Mr.Jash B. Vyas i/b Mr.Karan Mehta for the Intervenor. ...

CORAM: BHARATI DANGRE, J.

DATED : 15th NOVEMBER, 2022 P.C:- 1.

The Investigating Offcer, who is present in the Court, confrms that no notice is issued to the applicant under Section 41A of Cr.P.C. and it is stated that the notice could not be issued, since the applicant has already approached the Sessions Court, seeking protection from arrest. 2.

Learned A.P.P. states that notice will be issued to the applicant within a period of three days from today. Upon receipt of notice, the applicant shall report to the Investigating Offcer within days thereafter. On his appearance, the Investigating Offcer shall follow the mandate set out under Section 41A of Cr.P.C. and shall record reasons in M.M.Salgaonkar

2/2 25 ABA-3130-22.doc 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 2 hours notice to the applicant.

3.

With the aforesaid direction, the application stands disposed off.

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