Sunita Praveen Wajage v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.321 OF 2019 Sunita Praveen Wajage, Age 49 years, R/o.No.2/0498/09, Ground Floor, Shop No.9, Wajage Ali, Narayangaon, Tal.Junnar, Dist.Pune.

Applicant versus The State of Maharashtra and another Respondents Ms.Rajeshree Vikhe Patil for applicant.

Mrs.A.A.Takalkar, APP, for State.

Mr.Suhas Hemade, Police Station, Mankhurd, present. CORAM :

PRAKASH D. NAIK, J.

DATE : 6th February 2019 PC :

1.

This is an application for anticipatory bail in MECR No.8 of 2017 registered with Mankhurd Police Station for offences under Sections 420, 465, 466, ,467, 468, 471 r/w Section 34 of Indian Penal Code.

2.

Private complaint was filed by the complainant in which directions were issued by concerned Court on 14th December 2017 for investigation. The complainant is the husband of applicant. On perusal of the order passed by learned Magistrate issuing directions for investigation, it appears that the investigation was directed considering allegations in respect of the documents filed on record that the signature of the father of complainant is different from his original signature. Learned counsel for applicant pointed out that the power of attorney was executed in 1996 and at the same time an

2 of 2 909.ABA.321.2019.doc agreement of sale of the subject premises was also executed between the applicant and her father-in-law.

3.

Learned APP submitted that after death of the father-in-law, the power of attorney was utilized in selling the subject property to the third person. However, learned counsel for applicant submitted that apart from the power of attorney, even agreement for sale of the said premises was executed in 1996 between father-in-law of the applicant and the applicant. Apparently the matter relates to documents and custodial interrogation of the applicant is not necessary.

4.

Hence, I pass following order :

ORDER

(i) In the event of arrest of applicant in connection with MECR No.8 of 2017 registered with Mankhurd Police Station, the applicant be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (ii) The applicant shall report the investigating officer of Mankhurd Police Station on 12th and 13th February 2019 between 11 am and 1 pm;

(iii) Criminal Anticipatory Bail Application No.321 of 2019 is disposed off.

(PRAKASH D. NAIK, J.) MST