Santosh Balichwal v. The State Of Maharashtra

7-ABA-372-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL ANTICIPATORY BAIL APPLICATION NO.372 OF 2016 Mrs. Santosh Balichwal ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr. Niranjan Mundargi i/by Vandana, Advocates for the Applicant. Smt. Rutuja Ambekar, APP for the Respondent/State. ....

CORAM :

N.W.SAMBRE, J.

DATED :

7th December, 2016.

P.C.

The applicant is seeking pre-arrest bail in Crime No.433 of 2015 for the offence punishable under Sections 465, 467, 468, 471 and 420 of the IPC.

The allegation against the applicant is of tampering of documents for the purpose of transferring electric connection and then creating evidence in support of her possession over the property in question.

The prayer for bail is opposed by the learned APP who is assisted by the learned counsel for complainant on the ground that the rent receipt, advocate's notice if perused, the same are noticed to be forged documents , as such, custodial interrogation is necessary. Shivgan 1/2

7-ABA-372-2016 Having regard to the contentions advanced by the learned counsel for the applicant that an application for transfer of electric connection was without any document and alleged documents which are forged by the applicant were never sought to be used takes this Court to draw the conclusion that entire case is based on documentary evidence. Investigation is quite at an advanced stage, no purpose will be served by granting custodial interrogation. Hence, application is allowed by passing the following order:

(1) In the event of arrest, the applicant shall be released on executing PR Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(2) She shall attend the Investigating Officer as and when called.

(3) She shall not tamper with the prosecution evidence and/or influence the prosecution witnesses.

The application stands disposed of as allowed. (N.W.SAMBRE, J.) Shivgan 2/2