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Bombay High CourtABA/3572/2024allowed

Mihir Kantilal Vamja v. State Of Maharashtra

2024-12-26Hon'Ble Shri Justice N. R. Borkar2 pages

23-ABA-3572-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3572 OF 2024 Mihir Kantilal Vamja ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Jaywant Avhad, Advocate for Applicant.

Mr. Ashok S. Gawai, APP for Respondent.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

DECEMBER 26, 2024 (VACATION COURT) P. C.

1.

After arguing the matter for some time, the Learned Counsel for the Applicant submits that he is not absconding and he is willing to present himself before the Investigating Officer, who is conducting the investigation in relation to FIR No.397 of 2024 dated November 28, 2024 relating to alleged offences of Section 140(2), 308(5) read with Section 3(5) and Section 127(3) of the Bhartiya Nyaya Sanhita, 2023. 2.

Learned APP submits that the matter may be considered by the Regular Bench on merits but pending the same, the Applicant must Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.12.31 16:21:36 +0530 ASHWINI JANARDAN VALLAKATI December 26, 2024 Ashwini Vallakati

23-ABA-3572-2024.doc present himself before the Investigating Officer as and when called upon so that the Investigation is not impeded in the interregnum. 3.

In these circumstances, directing the Applicant to present himself before the Investigating Officer as and when called upon, stand over to January 2, 2025 for consideration of the Application on merits by the Regular Bench. It is made clear that nothing contained in this order is an expression of opinion on the merits of the Applicant's case. 4.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[SOMASEKHAR SUNDARESAN, J.] December 26, 2024 Ashwini Vallakati