11 aba 230-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 230 OF 2022

Harsha Ashish Firodia

..Applicant

V/s.

The State of Maharashtra

..Respondent

----

Mr. Chetan Deshmukh for the Applicant.

Mr. R.M. Pethe, APP for the Respondent/State.

PSI Rakesh Sarde attached to Vishram Baug Police Station

present.

----

CORAM : C.V. BHADANG, J.

DATE : 31 JANUARY 2022

(Through Video Conferencing)

P.C.

1.

The Applicant apprehending his arrest in connection

with the investigation of Crime No. 112 of 2021 registered with

Vishrambaug Police Station, Dist. Pune under Section 392 read

with Section 34 of I.P.C. is seeking pre-arrest bail.

2.

The aforesaid offence is registered on the basis of the

complaint lodged by Pavitra Kamble stating that on 21.09.2021

while she was proceeding on her Activa motorcycle at about 6.00

a.m. in the morning, two unidentified persons coming on two

wheeler snatched her mangalsutra near Sahitya Parishad Bus stop,

in front of Ambika Bhuvan Hotel, Tilak Road, Pune.

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SNEHA

NITIN

CHAVAN

Digitally signed

by SNEHA NITIN

CHAVAN

Date: 2022.01.31

17:22:25 +0530

11 aba 230-22.doc

Indisputably, there are two accused, who have already been

arrested namely Amol Bochare and Ashish Firodia, the

investigation is complete and the chargesheet is filed. The

present Applicant happens to be the wife of Ashish Firodia.

3.

According to the Investigating Officer, a notice under

Section 160 of Cr.P.C. has been issued to the Applicant as a

witness.

4.

Thus, admittedly, at present the Applicant is not shown as

an accused, nor there is notice under Section 41A of Cr.P.C.

issued to her.

5.

In such circumstances, the Criminal Application is disposed

of.

6.

It will be open to the Investigating Officer to issue a notice

to the Applicant under Section 41A of Cr.P.C., if found necessary

giving 72 hours time to the Applicant.

7.

If such notice is issued by the Investigating Officer, liberty

granted to the Applicant to renew the request.

(C.V. BHADANG, J.)

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