IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO. 1844 OF 2022 (C. R. No.1092/2022) (CNR NO.MHCC050061572022)
1. John Keran Pinto Age – 62 years, Occ : Retired, Residing at : 501/502, Royal Apartment, Sector 3, Charkop, Kandivali, Mumbai – 400 067.
2.Dr. Francin John Pinto Age – 50 years, Occ : Social Service, Residing at : 501/502, Royal Apartment, Sector 3, Charkop, Kandivali, Mumbai – 400 067. … Applicants/Accused
V/s.
The State of Maharashtra (Through MHB Police Station, Mumbai) …. Respondent
Ld. Advocate Priyanka Ghosh for the Applicant/Accused.
Ld. APP Geeta Godambe for The State.
CORAM: H.H.THE ADDITIONAL SESSIONS JUDGE SHRI. SHRIKANT Y. BHOSALE (C.R.NO.9) DATE : 9TH FEBRUARY, 2023 O R D E R
Perused the application and say of the prosecution.
2. Heard Ld. Adv Priyanka Ghosh for the applicant and Ld. APP Godambe for the State.
3.The applicants have filed the present application for prearrest bail in connection with first information 1092/2022 registered with M.H.B. colony police station registered under section 354, 323, 504 and 506 r/w sec. 34 of The IPC.
4.The prosecution vide say Exh. 3 had resisted the application. However, by additional say filed today at Exh. 4 submit that the investigation officer has filed B Summary observing that false complaint is lodged.
5.After considering the above facts it is seen that the investigation officer has already filed BSummary and therefore, there would be no question of arresting the present applicant until the Magistrate pass the appropriate order on the summary report. Thus, the apprehension of the applicant do not appears to be reasonable in changed facts and circumstances. Thus, the application needs to be disposed off. Hence, the order.
ORDER
Anticipatory Bail Application No. 1844 of 2022 stands disposed off with liberty to file fresh application in case the concerned Metropolitan Magistrate rejected B Summary & order further investigation.
(Dictated and pronounced in presence of Ld. Advocate for Applicant & Ld. APP)
Digitally signed by Shrikant Yashwantrao Bhosale Date: 2023.02.14 13:05:29 +0530 Date: 09.02.2023 (Shrikant Y. Bhosale) The Addl. Sessions Judge City Civil & Sessions Court, Borivali Division, Dindoshi. Dictated on : 09.02.2023 Transcribed on : 10.02.2023 Checked & corrected on : 13.02.2023 Signed on : 13.02.2023 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” Date : 14/02/2023 Ms. Tejal C. Rane Time : 1.05 P.M. (Stenographer GradeI) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court room HHJ S. Y. BHOSALE no.) (Court Room No.9) Date of Pronouncement of 09.02.2023 JUDGMENT/ORDER JUDGMENT/ORDER signed by P.O. on 13.02.2023 JUDGMENT/ORDER uploaded on 14.02.2023