Shraddha B. Tiwari v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 896 OF 2022 SHRADDHA KAMLESH TALEKAR
1. Shraddha B. Tiwari ...Applicant Vs.
1) The State of Maharashtra (At the instance of Ambarnath P.S.) ... Respondent SHRADDHA KAMLESH TALEKAR Date: 2022.05.09 15:52:45 +0530 **** Mr.Rohan N. Hogle for the applicant.
Ms.Veera Shinde, APP for respondent No.1-State. PSI Pravin Kochare, Ambernath Police Station. **** CORAM : N. J. JAMADAR, J.
DATE : 09th MAY, 2022 (VACATION COURT) P.C.:
1.
Heard the learned counsel for the applicant.
2.
The applicant is arraigned in C.R. No.476 of 2021 registered with Ambernath Police Station for the offences punishable under sections 420, 384, 170, 504, and 506 read with 34 of the Indian Penal Code, 1860 ('the Penal Code') for having induced the father of the frst informant to part with the sum of Rs.45,500/- by making a false representation that the applicant and her associates were from the NGO, viz., Jeevan Dhaara Sangh and that there were complaints of irregularities in running the scrap shop by the frst informant at Sarvoday Nagar, Ambernath and 1/3
they had directions to seal the said premises. By giving wrongful threat of action, the applicant and the co-accused extorted the said amount.
3.
The learned counsel for the applicant submits that the demand was not made by the applicant. The principal accused Govind Kamlesh Pandy, at whose instance, the amount was allegedly extorted, has been granted anticipatory bail by this Court by order dated 22nd March 2022. Even otherwise, the investigation is complete for all intent and purpose and the charge-sheet has been lodged.
4.
Perused the report under section 173 of the Code of Criminal Procedure, 1973 and the documents annexed with it. 5.
The allegations against the applicant are that she made a false representation that she represented the NGO-Jeevan Dhaara Sangh and there were directions to immediately seal the premises of the frst informant. It seems that the co-accused made the demand. It does not appear that the the role attributed to the applicant is materially different from that of the co-accused, who has been ordered to be released on bail.
6.
In any event, having regard to the fact that the applicant has been in custody since 8th August 2021, and charge-sheet has 2/3
already been lodged, a case for exercise of discretion in favour of the applicant is made out.
7.
For the foregoing reasons, the application deserve to be allowed.
8.
Hence, the following order :
O R D E R
(i) The applicant-Shraddha B. Tiwari is ordered to be released on bail on furnishing a P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
(ii) The applicant shall furnish cash surety, in the sum of Rs.25,000/- in lieu of personal surety for a period of four weeks.
(iii) The applicant shall regularly attend the proceedings before the learned Magistrate.
(iv) The applicant shall not tamper with evidence and/or give threat or inducement to the prosecution witnesses.
(v) All concerned to act on an authenticated copy of this order.
(N. J. JAMADAR, J.) 3/3