Deepak Shamrao Wetam v. The State Of Maharashtra

bipin prithiani 7-aba-453.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION DHARMENDER PRITHIANI Date: 2024.08.06 11:02:39 +0530 BIPIN DHARMENDER PRITHIANI ANTICIPATORY BAIL APPLICATION NO. 453 OF 2024 Deepak Shamrao Wetam ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Kishor Devkule i/by Rajaram Bansode for the Applicant. Ms. Megha S. Bajoria, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 5th AUGUST 2024 P.C. :

.

In pursuance of order dated 5th April 2024 passed by this Court, the Superintendent of Police, Sangli, has submitted report, received on 25th June 2024.

2.

This Court called for a report because prima facie it appears that the investigating officer had taken the applicant into custody and thereafter, released him despite one of the offences alleged against the applicant being a non-bailable offence. 3.

The Superintendent of Police in the aforesaid report has stated that while the anticipatory bail applications of co-accused persons were allowed, insofar as the present applicant is concerned, on 16th February 2024, he was located and notice under Section 41(a)(1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) was served upon him. He cooperated with the

bipin prithiani 7-aba-453.24.doc investigation and also produced the amount in respect of which cheating had allegedly taken place and he also informed that on 18th February 2024, marriage of his son was to be solemnized. Considering the cooperation given by the applicant pursuant to service of notice under Section 41(a)(1) of the Cr.P.C., the investigating officer did not take him into the custody. 4.

Considering the report sent by the Superintendent of Police, the report is taken on record. No further orders are necessary. MANISH PITALE, J.