LAWS(BOM)-2010-4-162

DILIP KANAL Vs. STATE OF MAHARASHTRA

Decided On April 08, 2010
DILIP KANAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing on behalf of the applicants, the learned Senior Counsel appearing on behalf of the complainant and the learned APP for the State.

(2.) Applicants were arrested on 28/12/ 2009 for the offence punishable under sections 41 1, 406, 409,416, 418, 420, 464, 467, 468, 471, 120 read with section 34 of the Indian Penal Code. A complaint was filed by one Aparna Verma in 38th Metropolitan Magistrate's Court, Ballard Pier. On 21/8/ 2009, an order was passed by the learned Magistrate under section 156(3) directing police to investigate into the matter. FIR was registered by police on 22/8/2009. On 28/ 12/2009, accused were arrested. On 29/12/2009, accused were remanded to police custody till 4/1/2010. Thereafter, another application was filed for police remand of the accused by the prosecution. However, it was rejected by the learned Magistrate on 4/1 /2010. On 6/1/2010, an application was filed for bail before the learned Magistrate. It was, however rejected . Thereafter, an application was filed for bail in the Sessions Court on 8/ 1/2010. This application was also rejected on 13/1 / 2010 and, therefore, the present application has been filed.

(3.) Initially, the applicants had raised a preliminary point, challenging the legality of the order passed under section 156(3) of the Criminal Procedure Code and consequential registration of the FIR without any preliminary inquiry. The said preliminary point was decided by this Court on 10/2/2010. However, the said submission made by the applicants was rejected by the said order.