Shamal Deepak Wetam v. State Of Maharashtra

20-ABA-371-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 371 OF 2023 Shamal Deepak Wetam ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Rajaram Bansode alongwith Ms. Sheetal Ubale and Mr. S.H. Kattar for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 1 MARCH 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending her arrest in Crime No. 639 of 2022 registered at Islampur Police Station for the offences punishable under Sections 406, 420, 465 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State and perused the FIR. 4.

The allegation of cheating and misappropriation of amount to the tune of Rs.2,95,000/- are against co-accused Deepak Wetam and Amit Kanchan P Dhuri 1 / 2

20-ABA-371-2023.odt Kamble. According to the complainant, the co-accused Deepak Wetam, who is the husband of the present present applicant, had issued three cheques towards the return of alleged misappropriated amount, which were of the applicant's bank account. As there are no allegations of cheating or misappropriation against the present applicant, I am inclined to grant anticipatory bail to her. In the result, the following order is passed : (i) Application is allowed.

(ii) In the event of arrest of the applicant - Shamal Deepak Wetam in Crime No. 639 of 2022 registered at Islampur Police Station for the offences punishable under Sections 406, 420, 465 r/w. 34 of Indian Penal Code, she shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. (iii) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall co-operate in the investigation.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.06.05 15:59:51 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2