IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.1829 OF 2022 (CNR NO.MHCC050061052022)
1.Mr. Mohanlal Bhawarlal Pokharna (Jain) ) Age68 Years, Indian adult )
2.Mr. Kamlesh Mohanlal Pokharna (Jain) )
Age42 Yars, Indian adult, )
3. Mr. Kiran Mohanlal Pokharna (Jain) )
Age36 Years, Indian adult )
All presently residing at Flat Nos.1803 & ) 1804, Kabra Argentum, Unnat Nagar, S.V. )
Road, Goregaon (W), Mumbai – 400 104. ) ..Applicants
Versus
The State of Maharashtra ) Goregaon Police Station, Mumbai ) ..Respondent
Adv. Mr. Manish Rathod for the applicants.
APP Mr. Shailesh Pachapohar for the State.
Coram : His Honour Addl. Sessions Judge, Ashish Ayachit (C.R.No.8) Date : 2nd December, 2022.
ORDER
This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. Perused the application and say of Investigation Officer.
It revealed that no offence is registered against the applicants. According to the police say, report has been lodged against the applicants regarding cheating and deceiving and enquiry is going on. It revealed from the documents that the Investigation Officer issued notice to the applicants and directed them to appear for enquiry. The applicants have replied the notice. As such, there is no offence registered and only police enquiry is going on. In such circumstances, there is no need to grant anticipatory bail to the applicants.
4.The applicants pray for passing order to give 72 hours notice in case of registration of FIR. However, the Investigation Officer can be directed to follow directions of the Hon’ble Supreme Court of India in the case of Arnesh Kumar Vs. State of Bihar & Anr. and section 41A of CrPC. before making arrest of the applicant. I, therefore, pass the following order :
ORDER
Anticipatory Bail Application No.1829/2022 stands disposed off with directions to the Investigation Officer to follow directions of the Hon’ble Supreme Court of India given in the case of Arnesh Kumar Vs. State of Bihar & Anr. decided by the Hon’ble Apex Court in Criminal Appeal No.1277/2014 on 2.07.2014 and section 41A of CrPC. before making arrest of the applicant.
Digitally signed by ASHISH ARVIND AYACHIT Date: 2022.12.05 18:16:03 +0530 Date: 2.12.2022 (Ashish Ayachit) Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi Goregaon, Mumbai Dictated by HHJ on : 2.12.2022 Transcribed on : 2.12.2022 Signed by HHJ on : 2.12.2022 ABA-1829/222 3 Order “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE ATUL SURYAKANT BHOGTE AND TIME :05.12.2022 5.43 P.M. NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ Shri Ashish Ayachit (Court Room No.8) Date of Pronouncement of Judgment/Order 02.12.2022 Judgment/Order signed by P.O. on 02.12.2022 Judgment/Order uploaded on 05.12.2022