Kamdhenu Co-Op. Credit Society Ltd. v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 509 OF 2018 1.
Ajit Shamrao Dindore, 2.
Akshata Shamrao Dindore ...Applicants
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL APPLICATION NO. 410 OF 2018 (FOR INTERVENTION) IN ANTICIPATORY BAIL APPLICATION NO. 509 OF 2018 Kamdhenu Co-op. Credit Society Ltd.
...Intervener
IN THE MATTER BETWEEN :
1.
Ajit Shamrao Dindore, 2.
Akshata Shamrao Dindore ...Applicants
Versus
The State of Maharashtra
...Respondent
Mr. Rahul I. Tiwari for the Applicants Ms. A. A. Takalkar, A.P.P for the Respondent-State Mr. Yashpal M. Thakur for the Intervener PSI Mr. G. B. Rao from Kurar Police Station, is present CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 2 nd MAY, 2018 P.C.
1.
Heard learned Counsel for the parties.
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2.
After arguing for some time, leaned counsel for the applicants does not press this application qua applicant No.1-Ajit Shamrao Dindore. He states that applicant No. 1 will surrender before the appropriate Court within two weeks from today, after giving notice of the date and time of surrender to the concerned Investigating Officer of the Kurar Police Station. The said statement is accepted.
3.
As far as applicant No. 2 is concerned, she is the wife of applicant No. 1 and is alleged to be a member of Kamdhenu Co-operative Credit Society Ltd. The applicant No. 2 seeks pre-arrest bail in connection with MECR No. 2 of 2018 registered with the Kurar Police Station, for the alleged offences punishable under Sections 406, 420, 34 of the Indian Penal Code.
4.
According to the prosecution, the applicant No. 2-Akshata Dindore, is the wife of co-accused-Ajit Dindore, who is alleged to have withdrawn several amounts from the said Cooperative Credit Society by transferring the money in his personal account or by personally 2/5
withdrawing cash from the Kamdhenu Co-operative Credit Society's account. As far as applicant No. 2 is concerned, she was the member of the said Society and prima facie, the allegations qua her are not sufficient warranting her custodial interrogation. Accordingly, the application is partly allowed on the following terms :
ORDER
(i) Application is dismissed as withdrawn as against applicant No.1-Ajit Shamrao Dindore;
(ii) The applicant No.1-Ajit Shamrao Dindore shall surrender before the appropriate Court within two weeks from today, after informing the date and time of surrender to the Investigating Officer of the concerned Police Station;
(iii) In the event of the arrest, the applicant No.2-Akshata Dindore be enlarged on bail on executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount; 3/5
(iv) The applicant No.2-Akshata Dindore shall report to the Investigating Officer of the concerned Police Station on 9th and 10 May, 2018 from 10:00 a.m. to 12:00 noon, and thereafter, as and when called;
(v) The applicant No.2-Akshata Dindore shall not tamper with the evidence or attempt to influence the complainant, witnesses or any person concerned with the case.
(vi) The applicant No.2-Akshata Dindore to cooperate with the investigating agency 5.
It is made clear that if an application for regular bail is filed by the applicant No.1-Ajit Shamrao Dindore, the learned Judge shall consider the same on its own merits, uninfluenced by the withdrawal of the application by the applicant No.1-Ajit Shamrao Dindore. The application is accordingly disposed of.
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6.
It is further made clear that the observations made herein are prima facie, for the purpose of deciding this application. 7.
Application is accordingly disposed of in the above terms. All contentions of all parties are kept open.
8.
In view of the above order, Criminal Application No. 410 of 2018 stands disposed of.
9.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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