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Bombay High CourtABA/3558/2024allowed

Shailesh Santosh Kakan v. The State Of Maharashtra

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

11-ABA-3558-2024.DOC.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO. 3558 OF 2024 Shailesh Santosh Kakan ...Applicant

Versus

The State of Maharashtra Through Inspector In-charge At the instance of Charkop Police Station

...Respondent

Mr. Aniket R. Upadhyay, Advocate for Applicant. Smt. Shilpa G. Talhar, APP for Respondent-State.. Mr. Devendra Singh, Advocate for Original Complainant. API Rajendra Kumbhar (IO) with PSI Sunil Sonawane, Charkop Police Station, Mumbai.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

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

1.

After hearing the Learned Counsel for the parties at some length, it would be in the interest of justice to let the Regular Bench consider this Application on merits upon re-opening, on January 2, 2025 with protection from arrest in the interregnum, as a pro tem measure. The Learned APP, upon instructions, submits that the December 26, 2024 Shraddha

11-ABA-3558-2024.DOC.doc investigation should not be stalled in view of the matter being stood over.

2.

It is made clear that the Applicant shall participate in the investigation and present himself before the relevant Investigating Officer to enable smooth conduct of the investigation. The only protection that is being granted until January 2, 2025, is that no arrest shall be effected in this matter, so as to render this Application infructuous before the Regular Bench is able to consider the same. Ordered accordingly.

3.

Stand over to January 2, 2025.

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 Shraddha