Vashumal Lalchand Mankani And ANR v. State Of Maharashtra

bipin prithiani 30-aba-1421.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1421 OF 2024

1. Vashumal Lalchand Mankani

2. Pradeep Lalchand Mankani ...

Applicants

Versus

The State of Maharashtra ...

Respondent ****** Ms. Asha Kanzariya i/by Vijay Upadhyay for the Applicants. Mr. Bapu V. Holambe-Patil, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 7th OCTOBER 2024 P.C. :

.

The record shows that on 17th May 2024, the learned APP appearing on the said date, on the instructions of the Investigating Officer, had submitted that the applicants would not be arrested till the next date, so long as they cooperated with the investigation. Accordingly, the applicants were directed to appear before the Investigating Officer on two specific dates in May 2024 and to cooperate with the investigation.

2.

The learned APP informs this Court that as on today, the applicants are not being treated as accused persons and instead they are shown as witnesses. This clearly shows that the BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.10.07 18:38:12 +0530 apprehension of arrest of the applicants can be said to be no longer existing.

bipin prithiani 30-aba-1421.24.doc 3.

The learned APP has tendered a communication sent by the Investigating Officer to the office of the prosecutor in this Court, stating the aforesaid fact about the applicants are now being treated as witnesses. The said communication dated 19th July 2024 is taken on record and marked 'X'.

4.

In view of the aforesaid communication tendered by the learned APP and the statement made on behalf of the Investigating Authority on the basis of such communication, the learned counsel for the applicants submits that the applicants no longer have any apprehension of being arrested in the context of the subject FIR. 5.

Since, the learned APP has clearly stated that as on today, the applicants instead of being shown as accused are shown as witnesses, the applicants are not required to press the relief in the present application.

6.

By recording the aforesaid facts, the application is disposed of.

MANISH PITALE, J.