Bhavana Sreekumar Menon v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 706 OF 2019 Bhavana Sreekumar Menon ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Abid Mulani with Mr. Ashish Agarkar and Mr. Adesh Agarkar for the Applicant Mr. A. R. Kapadnis, A.P.P for the Respondent-State API Mr. Gokul Borse from Park Site Police Station, Mumbai is present CORAM : REVATI MOHITE DERE, J.

TUESDAY, 18 th JUNE 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks her enlargement on bail in connection with C.R. No. 120 of 2018 registered with the Park Site Police Station, Mumbai, for the alleged offences punishable under Sections 420, 406 r/w 34 of the Indian Penal Code and under Section 4 of the Maharashtra Ownership Flats Act.

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Perused the papers. Admittedly, the applicant was working as a Marketing Executive in Dhanistha Builders and Developers. It is also not in dispute that the amount of Rs. 11,88,000/- received by the applicant in her account is for the period 2013 to 2018.

It is informed that the directors of Dhanistha Builders and Developers are in custody and only accused No.4-Sowparnika Devdas Rao one of the director's daughter was released on anticipatory bail by the Apex Court, as she was a woman and having regard to the fact that she had deposited Rs. 50 lakhs in the Court.

Be that as it may, considering the fact that the applicant was only an employee, working as Marketing Executive in Dhanistha Builders and Developers and admittedly not a Director, the application deserves to be allowed. Accordingly, the application is allowed on the following terms and conditions :

ORDER

(i) The applicant be released on cash bail in the sum of Rs. 15,000/-, for a period of six weeks;

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(ii) The applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount;

(iii) The applicant shall not tamper the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The applicant shall inform her latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (v) The applicant to cooperate with the conduct of the trial. The application is accordingly disposed of.

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It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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