Mohammed Idrish Umeshali Shah And ANR v. The State Of Maharashtra

5. aba 3308-22.doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION DIKSHA DINESH RANE DIKSHA DINESH RANE Date: 2022.11.28 18:37:44 +0530 ANTICIPATORY BAIL APPLICATION NO.3308 of 2022 MOHAMMED IDRISH UMESHALI SHAH & ANR.

..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Mohammed Juned i/b. Mr. Imran Shaikh for the applicants.

Mr. N. B. Patil, APP for State.

Mr. S. H. Sakpal, PSI, Kalachowki Police Station. ------------ CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 28, 2022.

P.C. :

1.

Heard learned counsel for the applicants.

2.

This is an application for pre-arrest bail in connection with C.R.No.95/2022 registered with Kalachowki Police Station, for the offence punishable under Sections 136, 137 of the Electricity Act, 2003.

3.

The complaint is at the instance of the employee of the Brihanmumbai Electricity Supply and Transport Undertaking (BEST). It is the contention of the applicant that he is a scrap dealer. He has purchased cables, pieces of 1/2

5. aba 3308-22.doc copper core, lead pieces, aluminum core and PVC insulation from one of the seller. The said material belonged to the BEST.

4.

The notice under Section 41A of the Code of Criminal Procedure was issued and the applicant had appeared. The Investigating Officer wants to further investigate into the matter. Learned APP submits that the applicant may report to the Investigating Officer on November 30, 2022, December 1, 2022 and December 2, 2022, between 11.00 a.m. and 1.00 p.m. and thereafter as and when called. 5.

In case the Investigating Officer wants to effect 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. The applicants to furnish the details of their residential address and contact numbers to the Investigating Officer. 6.

The application is disposed of.

(M. S. KARNIK, J.) 2/2