Reshma Rohan More v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:
2023.03.02 19:05:10 +0530 DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO.374/2023 RESHMA ROHAN MORE ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT WITH INTERIM APPLICATION NO.807/2023 IN ANTICIPATORY BAIL APPLICATION NO.374/2023 KASTURI GANGADHAR KARKERA ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Anil S. Kamble, Adv. Omkar Mayekar i/b. Corps Legal for the applicant.
Mr. S. V. Gavand, APP for State.
Adv. Aniket Vagal a/w. Adv. Kunal Pednekar i/b. Adv. R. S. Bade for the intervener.
------------ CORAM : M. S. KARNIK, J.
DATE : MARCH 2, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP.
2.
This is an application for pre-arrest bail in respect of First Information Report (FIR) No.466/2022 registered with the D. N. Nagar Police Station, under Sections 406, 420 read with 34 of the Indian Penal Code, 1860 (hereafter "the IPC", 1/3
for short).
3.
It is alleged that the husband of the present applicant who was co-accused and the applicant's mother-in-law induced the complainant to invest money in a flat in Slum Rehabilitation Scheme (SRA) which the applicant's husband promised could be sold to her at a price less than market value. Out of the total amount of Rs.92 lakhs, a sum of Rs.27 lakhs was deposited in the account of the applicant. The applicant was present along with her husband on one occasion when the said amount was paid by the complainant. As per the allegation, the inducement was by the husband of the applicant. No doubt, the amount of Rs.27 lakhs was deposited in the account of the applicant but it appears that her husband was looking after the entire transaction.
4.
The applicant's husband has been released on bail pursuant to his arrest. The applicant's mother-in-law has been granted anticipatory bail. In my opinion, custodial interrogation of the applicant is not required. The applicant can be granted pre-arrest bail. Hence the application deserves to be allowed by passing the following order. 2/3
O R D E R
(a) Application is allowed.
(b) In the event of arrest in connection with First Information Report (FIR) No.466/2022 registered with the D. N. Nagar Police Station, the applicant shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant shall report to the concerned police station on 8th and 9th March, 2023, between 11.00 a.m. and thereafter, as and when called and co-operate with the investigation. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Ofocer and shall not tamper with evidence.
(e) The applicant shall furnish the details of her residential address and phone numbers to the investigating ofocer.
5.
The application is disposed of.
6.
The Interim Application is also disposed of.
(M. S. KARNIK, J.) 3/3