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Bombay High CourtABA/874/2021allowed

Monika @ Rupa Manoj Pawar v. The State Of Maharashtra

2021-04-09Hon'Ble Shri Justice Prakash D. Naik2 pages

Ganesh Lokhande 511-aba-874-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 874 OF 2021 Monika @ Rupa Manoj Pawar ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Iisa Shaikh h/f. Mr. S. R. Phanse, Advocate for the Applicant. Ms. M. R. Tidke, APP for the Respondent - State. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 9th APRIL, 2021.

PC :

1.

Not on board. Taken on board.

2.

This application was heard on the previous date of hearing and it was directed to be listed today. Learned counsel for the applicant had contended that from the statement of witnesses recorded during the investigation, revealed that the amount of Rs.10,43,000/-was allegedly handed over to the applicant. The applicant is a housewife. Her husband has been arrested on 23rd October, 2020 and he is in custody. It was submitted that the applicant would deposit an amount of Rs. 10,43,000/- by borrowing the amount from her relations. Time was sought to file undertaking in that regard. The applicant learned counsel for the applicant has tendered affidavit on behalf of the applicant, which mention that the applicant would deposit Rs.5,00,000/- on 15th April, 2021, Rs.1,00,000/- on 15.05.2021, 15.06.2021, 15.07.2021, 15.08.2021

Ganesh Lokhande 511-aba-874-2021.doc and balance amount of Rs.1,43,000/- on 15.09.2021 before the Trial Court. The statement is accepted. Affidavit is taken on record. 3.

In view of the above, the application can be allowed.

ORDER

i) Anticipatory Bail Application No.874 of 2021, is allowed;

ii) In the event of arrest of applicant in C.R. No. 341 of 2020, registered with Naupada Police Station, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs.25000/-(Rupees Twenty Five Thousand Only), with one or more sureties in the like amount;

iii) The applicant shall appear before investigating officer as and when called for;

iv) Applicant shall abide by the affidavit-cumundertaking, in the event of breach of undertaking, the prosecution will be at liberty to prefer an application for cancellation of anticipatory bail;

v) Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)