Rubykumari Nageshwar Paswan v. State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.11.22 19:19:26 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3196 OF 2022 Miss Rubykumari Nageshwar Paswan ..Applicant vs.

The State of Maharashtra ..Respondent Mr. Tauqeer Siddique i/b Tauqeer Siddique & Associates, for applicant.

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

PSI Tejale, Charkop Police Station is present. CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 22, 2022 P.C. :

1.

Heard learned counsel for the applicant.

2.

In respect of C.R. No. 541 of 2022 registered with Charkop Police Station for the offence punishable under sections 420, 408 r/w 34 of the Indian Penal Code, 1860, the applicant is seeking pre-arrest bail. The applicant has not been arrayed as an accused in the C.R. It is the applicant's brother who is shown as the accused. Learned APP submitted that money is received by the main accused,

a part of which was transferred in the account of the applicant. Learned APP on instructions submitted that it is therefore necessary to investigate the role of the applicant. Learned APP on instructions submitted that the Investigating Officer tried to contact the applicant, but she was not available. Learned counsel for the applicant submits that she is willing to appear before the Investigating Officer to render necessary assistance and co-operation. As of now, the applicant is not arrayed as an accused. Learned APP submitted that the Investigating Officer wants to investigate the matter further after the applicant presents herself.

3.

In this view of the matter and in terms of the standing order of the Director General of Police issued in terms of section 41A of Code of Criminal Procedure, 1973, if the Investigating Officer, upon recording statement of the applicant or upon making enquiry, wants to arrest the applicant, 72 hours notice will be given to her. Learned counsel for the applicant states that the applicant would present herself before the Investigating Officer of Charkop

Police Station on 24/11/2022, 25/11/2022, 26/11/2022 between 11.00 a.m. and 1.00 p.m. and thereafter as and when required.

4.

The application is disposed of.

(M. S. KARNIK, J.)