Single judge allowed pre-arrest anticipatory bail conditioned upon appearance before the Investigating Officer. Application granted subject to future arrest if necessary with 72 hours notice. Disposed of the interim application.
Anticipatory bail granted conditioned on appearance before IO; arrest permissible only with 72 hours' notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
24.aba.2156-22.doc
PMB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Digitally signed by PRADNYA PRADNYA MAKARAND MAKARAND BHOGALE BHOGALE Date: 2022.12.06 18:52:15 +0530
ANTICIPATORY BAIL APPLICATION NO.2156 OF 2022
RAVINDRA PRABHAKAR BERDE ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT
WITH INTERIM APPLICATION NO.3202 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2156 OF 2022
HARSHAL RAJENDRA BERDE ..APPLICANT IN THE MATTER BETWEEN RAVINDRA PRABHAKAR BERDE ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT ------------
Mr. Ankit R. Takle for applicant.
Ms. P. N. Dabholkar, APP for State.
Mr. R. M. Upadhyay a/w Mr. Manoj O. Singh for intervenor.
Mr. Santosh Mane, PI, Worli Police Station, Mumbai.
CORAM : M. S. KARNIK, J.
DATE : DECEMBER 6, 2022.
P.C. :
1. Heard learned counsel for the parties.
2. This is an application for pre-arrest bail in respect of
the offence punishable under Sections 177, 181, 182, 199,
1
24.aba.2156-22.doc
200, 419, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 in connection with C.R. No.890 of 2022 registered with Worli Police Station, Mumbai on the basis of complaint filed by one Mr. Harshal Rajendra Berde.
3. Learned APP at the outset submits that despite issuance of notice under Section 41A of the Code of Criminal Procedure, 1973, the applicant has not co-operated with the Investigating Officer and participated in the investigation.
4. Learned counsel for the applicant submits that there is some misunderstanding as the applicant is always willing to co-operate with the investigation. Learned counsel for the applicant on instructions submitted his willingness to appear before the Investigating Officer and co-operate.
5. In this view of the matter let the applicant appear before the Investigating Officer on 8th , 9th and 10th December, 2022 between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called. In case if the Investigating Officer wants to effect the arrest if he feels that arrest is imperative in the wake of the reasons recorded by him, he
2
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may effect the arrest after giving 72 hours notice in advance to the applicant. The applicant shall furnish the details of his residential address and phone numbers to the investigating officer.
6. Anticipatory Bail Application is disposed of.
7. Interim Application is also disposed of.
(M. S. KARNIK, J.)
3
2 issues framed by the court
Whether the anticipatory bail application should be granted or limited to appearance before the Investigating Officer.
Whether the applicant has cooperated with the investigation despite notice under Section 41A CrPC.
3 provisions across 2 enactments
Ravindra Prabhakar Berde
The State of Maharashtra
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
