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Bombay High CourtABA/513/2023rejected

Laxmi Sanjay Lavare v. The State Of Maharashtra

2023-02-20Hon'Ble Shri Justice N. R. Borkar2 pages

21-aba-513-23.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.03.10 14:16:08 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 513 OF 2023 Mrs. Laxmi S. Lavare ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Chetan Alai for the Applicant.

Mr. P.H. Gaikwad- Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

20.02.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending her arrest in Crime No.39 of 2023 registered at Khadak Police Station, Pune for the ofences punishable under Section 7(A) of the Prevention of Corruption Act. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent/ State.

4.

According to the complainant, on 9 September 2022, he had made an application to City Survey Ofce to get his name mutated in the record of rights of property inherited by him. It is alleged that the present applicant, who was working as Assistant on contract basis with the concerned Ofcer to whom the application was made had demanded bribe of Rs.10,000/- from the complainant, on behalf of the said Ofcer, to do the work in question.

Dinesh S. Sherla 1/2

21-aba-513-23.doc 5.

I have perused the transcript of the conversation between the present applicant and the complainant recorded during the verification. The demand of bribe amount is apparent from the said conversation.

6.

The learned counsel for the applicant submits that on the date of alleged demand the name of complainant was already mutated in the record of rights and therefore, Section 7(A) of the Prevention of Corruption Act would not attract. However, considering the overall facts and circumstances of the case, I am not inclined to release the applicant on anticipatory bail. Hence, the Anticipatory Bail Application is rejected. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2