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Bombay High CourtABA/2564/2024disposed off

Arunkumar Devnath Singh v. The State Of Maharashtra

2024-09-24Hon'Ble Shri Justice Manish Pitale2 pages

bipin prithiani 904-aba-2564.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2564 OF 2024 Arunkumar Devnath Singh ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Aabad Ponda, Senior Advocate, i/by Mr. Abid Mulani and Mr. Ashish P. Agarkar for the Applicant.

Mr. Sagar R. Agarkar, APP for Respondent-State. Mr. Ganesh P. Ingale, ACP, Crime-1, Pune City. ****** CORAM: MANISH PITALE, J.

DATE : 24th SEPTEMBER 2024 P.C. :

.

At the outset, Mr. Agarkar, learned APP, informs this Court that Mr. Shishir Hiray has been appointed as a Special Public Prosecutor (SPP) in order to represent the State. 2.

The learned Senior Counsel appearing for the applicant submits that the application has to be considered urgently, for the reason that if the applicant is arrested, during the pendency of this application, it would render infructuous. He has raised a specific BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.09.25 10:48:22 +0530 contention that even if the allegations levelled against the applicant are to be accepted for the sake of arguments, no prima facie case is made out against him for offence under Section 467 of the Indian Penal Code, 1860 (IPC).

3.

He relies upon the judgment of the Supreme Court in the

bipin prithiani 904-aba-2564.24.doc case of Mohammed Ibrahim & Ors. v/s. State of Bihar & Anr., (2009) 8 SCC 751, particularly paragraphs 12 to 14 thereof. 4.

In order to appreciate the specific contention raised on behalf of the applicant, it would be appropriate that the investigation papers are perused.

5.

Hence, list on 27th September 2024, to be included in the supplementary list.

6.

The Investigating Officer, along with the investigation papers, shall remain present to brief the learned SPP. 7.

Needless to say, the learned Senior Counsel appearing for the applicant would be at liberty to press other grounds also, on the next date of listing.

MANISH PITALE, J.