Bhanu Champakbhai Shah v. The State Of Maharashtra

39-ABA-3184-2023.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3184 OF 2023 Bhanu Champakbhai Shah ...Applicant

Versus

The State Of Maharashtra

...Respondent

Ms. Rekha R. Jaiswar a/w Mr. Rohit R.Jaiswar for Applicant. Ms. Ashwini Takalkar, APP for State/Respondent. Mr. R. A. Dalvi, API, Arnala Police Station, Present. CORAM:- N. J. JAMADAR, J.

DATED:- 20th DECEMBER, 2023 PC :- 1) Heard the learned Counsel for the applicant and learned APP for the State.

2) This is an application for pre-arrest bail in connection with C.R. No. 147 of 2023, registered with Arnala police station, for an offence punishable under Sections 420 of Indian Penal Code, 1860 ("the Penal Code") and Sections 18(C), 18(A) and 27 of the Drugs and Cosmetics Act, 1940.

3) By an Order dated 8th November, 2023 this Court was persuaded to grant interim bail by ascribing reasons. 4) The learned Counsel for the applicant submits that in view of the aforesaid Order the applicant has appeared before the Investigating Chaitanya Jadhav 1/2

39-ABA-3184-2023.DOC Officer and co-operated with the investigation. 5) The learned APP concurs with the aforesaid submission. 6) Prima facie, custodial interrogation of the applicant does not seem to be warranted to facilitate further investigation. Since the applicant has co-operated with the investigation and the applicant is 64 year old lady, I am impelled to make order of interim bail absolute. 7) Hence the following Order :

: ORDER :

(i) The order of interim bail dated 8th November, 2023 is made absolute on the terms and conditions incorporated therein. (ii) In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

(iii) It is clarified that these prima facie observations are confined to determine the entitlement to pre-arrest bail only.

(iv) The application stands disposed.

[N. J. JAMADAR, J.] Digitally signed by CHAITANYA ASHOK JADHAV Date:

2023.12.22 14:05:49 +0530 CHAITANYA ASHOK JADHAV Chaitanya Jadhav 2/2