Sunita Sandeep David And ANR v. The State Of Maharashtra And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.12.02 15:57:57 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3349 OF 2022 Sunita Sandeep David and anr.

..Applicants vs.

1. The Sr. Inspector of Police 2.State of Maharashtra ..Respondents Mr. Akshay Pawar, for applicants.

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

Mr. Sandip Amrut Kaule-PSI, Varsova Police Station is present.

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 2, 2022 P.C. :

1.

Heard learned counsel for the applicants and learned APP.

2.

This is an application for pre-arrest bail. The applicants are apprehending arrest in connection with C.R. No. 283 of 2021 registered with Versova Police Station for the offence punishable under sections 420, 465, 466, 467, 468, 470, 471, 34 of the Indian Penal Code, 1860. 3.

The applicant no. 2 has already been arrested on

29/11/2022. So far as the applicant no. 2 is concerned, the application is not pressed by the applicants and he is at liberty to apply for regular bail.

4.

So far as the applicant no. 1 is concerned, she is the wife of applicant no.2. The allegations mainly are against the accused no. 3. The role assigned to the applicants no. 1 and 2 was that they had introduced the complainant to the accused no.3. Learned APP submitted that pursuant to the issue of notice under section 41A of Code of Criminal Procedure, applicants no. 1 and 2 did not co-operate and report on the dates when they were called to report. Learned counsel for the applicants submitted that the applicants have co-operated with the investigation. Nonetheless, he submits that the applicant no.1 is willing to report to the Investigating Officer and render all possible co-operation. The statement is accepted.

5.

In this view of the matter, the applicant no. 1- Sunita Sandeep David to report to the Investigating Officer on 05/12/2022 and 06/12/2022 between 11.00 a.m. and 1.00 p.m. and thereafter as and when it is absolutely necessary.

6.

The applicant no. 2 has already been arrested. These facts will obviously be taken into consideration by the Investigating Officer. In case if the Investigating Officer wants to effect the 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 applicant no. 1-Sunita.

7.

The anticipatory bail application is disposed of. (M. S. KARNIK, J.)