Monish Rajesh Chauhan vs State Of Maharashtra And Anr
2023 Latest Caselaw 1111 Bom

                                                                        910-1620-2023-WP-U=.doc
          Digitally
          signed by
UDAY      UDAY         Uday S. Jagtap
          SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2023.02.03
          18:53:41
          +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL WRIT PETITION (ST) NO. 1620 OF 2023

                       Monish Rajesh Chauhan                            .. Petitioner

                               Vs.

                       The State of Maharashtra & Anr.                  .. Respondents

                                                     .....
                       Mr. Ankit Pardeshi a/w Aditya Parmar, Ms. Radhika Mundada for
                       the petitioner

                       Ms. S.S. Kaushik, APP for the respondent - State

                       Mr. Raju Deshpande, PSI, Dadar Police Station present in Court
                                                     .....

                                                CORAM : REVATI MOHITE DERE &
                                                        PRITHVIRAJ K. CHAVAN, JJ.

DATED : 2nd FEBRUARY, 2023.

P.C.

1. Heard learned Counsel for the parties.

2. By this petition, the petitioner seeks quashing of the FIR

registered vide C.R. No.624 of 2022 with the Shivaji Park Police

Station, Mumbai for the offence punishable under Section 420 of

the Indian Penal Code.

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3. By way of interim relief, interim bail is sought in view of the

violation of the mandate of Section 41 and 41A of the Cr.P.C. and

of the judgment of the Apex Court in the case of Arnesh Kumar Vs.

State of Bihar1.

4. Perused the papers.

5. According to the learned Counsel for the petitioner, there is

complete non-compliance of the provisions of Section 41 and 41-A

of the Cr.P.C. He submits that FIR was lodged on 18.12.2022 at

12.16 a.m. and the petitioner was arrested at 1.00 a.m., within 45

minutes, after serving him 41-A notice.

6. Learned APP on being questioned, whether Section 41 and

41A of the Cr.P.C. has been complied with or not in the present

case, is unable to justify compliance of Section 41 and 41-A of the

Cr.P.C. She fairly states that no reasons have been set out for

arresting the petitioner, pursuant to the 41-A Notice, in connection

with the aforesaid CR.

1    (2014) 9 SCC 273



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7. Accordingly, by way of interim relief, the petitioner is released

on bail (pending the hearing and final disposal of the aforesaid

petition) on the following terms and conditions :-

(i) The petitioner - Monish Rajesh Chauhan be

released on cash bail in the sum of Rs.15,000/- for

a period of four weeks;

(ii) The petitioner shall within the said period

of four weeks, furnish P.R. Bond in the sum of

Rs.15,000/-, with two sureties in the like amount,

to the satisfaction of the learned Judge of the Trial

Court.

(iii) The petitioner shall co-operate in the

investigation conducted by the respondent no.1

and shall attend the concerned police station on

every Monday from 10:00 a.m. to 1:00 p.m. till

filing of the charge-sheet or until further orders,

whichever is earlier.

(iv) The petitioner shall not tamper with the

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evidence or attempt to influence or contact the

complainant, witnesses or any person concerned

with the case.

8. Stand over to 14th March, 2023.

9. All concerned to act on the authenticated copy of this order.

[PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]

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