Anita Vijaykumar Javalkote v. The State Of Maharashtra

rpa 1/3 925-aba-110-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.110 OF 2020 Smt.Anita Vijaykumar Javalkote .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Ritesh Thobde, Advocate for the Applicant. Mrs.A.A. Takalkar, APP for the Respondent - State. Mr.K.G. Khune, PN Vijapur Naka Police Station, Solapur City, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

MARCH 04, 2020.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.770 of 2019, registered with Vijapur Naka City Police Station, Solapur, for the ofences punishable under Sections 420, 467, 468 and 471 of Indian Penal Code ("IPC", for short).

The prosecution case in short is that the applicant was let out premises on rental basis for a period of eleven months vide Leave and License Agreement dated 23rd May, 2018. The applicant was not paying the rent and kept on threatening that she has Leave and License Agreement for ten years. She has

rpa 2/3 925-aba-110-2020.doc allegedly produced photocopy of said Agreement. The applicant denies having executed such an Agreement. However, the prosecution case is that the stamp paper for preparing the Leave and License Agreement for ten yours was purchased by applicant which is clear from the register which is used for recording entries of sale of stamp papers. The applicant is relying upon rent receipts with regards to the same premises being paid by Adynatm Sampraday Shri Sketra Inchagrei Math, Taluka-Indi, District-Vijapur. It is contended that there is dispute between the complainant and the Adyatm Sampraday Shri Sketra Inchageri Math to whom the applicant is paying the rent. The applicant was granted interim protection by order dated 31st January, 2020, and directed to report the investigating oficer.

The applicant has complied the directions. Learned APP submitted that the stamp paper was purchased by the applicant. Statement of the stamp vendor has been recorded and the register regarding purchase of stamp paper shows the name and signature of the applicant. Hence, the custodial interrogation of the applicant is required. As stated above, the matter relates to documents. Applicant is a lady. She complied the directions stipulated in order dated 31st January, 2020. Hence, interim protection can be confrmed.

rpa 3/3 925-aba-110-2020.doc Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.110 of 2020, is allowed;

(ii) In the event of arrest of Applicant in connection with C.R.No.770 of 2019, registered with Vijapur Naka City Police Station, Solapur, she be released on bail on her executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) Applicant shall appear before the investigating oficer as and when called, till the charge-sheet is fled;

(iv) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)