Surekha Nagnath Gaikwad v. The State Of Maharashtra

1 33) aba19-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.19 OF 2019 Ms.Surekha Nagnath Gaikwad ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.Vikas Kolekar for the applicant.

Smt.Rutuja Ambekar, APP for the respondent-State. CORAM : NITIN W. SAMBRE, J.

DATE : JANUARY 7, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

In Crime No.821/2018 for offence punishable under section 419 and 420 of the Indian penal Code registered with Foujdar Chawadi police station, Solapur, the applicant is seeking pre-arrest bail.

3.

The applicant, a student, has taken undue advantage of drawing Scholarship of Rs.53,825/- for 2012-13.

2 33) aba19-19.doc 4.

Learned counsel for the applicant, on instructions, fairly states that the applicant shall deposit the said amount with interest i.e. total amount of Rs.75,000/- with the investigating officer within a period of two weeks today. Since the statement is made on instructions, the same is accepted as an undertaking. 5.

Apart from above, since the entire offence is based on documentary evidence, the custodial interrogation of the applicant, in my opinion, is not warranted. As such, in the event of arrest of the applicant in Crime No.821/2018 for offence punishable under section 419 and 420 of the Indian penal Code registered with Foujdar Chawadi police station, Solapur, he be released upon furnishing P.R. bond Rs.15,000/-. 6.

The applicant shall attend the investigating officer on 28th, 29th and 30th January, 2019 between 10.00 a.m. to 12.00 noon and thereafter, as and when directed.

7.

The applicant shall not influence with the witnesses or the tamper the prosecution evidence.

8.

The application is disposed of in above terms. (NITIN W. SAMBRE, J.)