Savitri Manoj Singh Thakur v. The State Of Maharashtra
1 20 ABA-890-2019.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO.890 OF 2019 Savitri Manoj Singh Thakur ....Applicant V/s.
The State of Maharashtra ....Respondent WITH CRIMINAL APPLICATION NO.737 OF 2019 (FOR INTERVENTION) IN CR. ANTICIPATORY BAIL APPLICATION NO.890 OF 2019 Kamlesh Chandrakant Kadam ....Intervenor
IN THE MATTER BETWEEN
Savitri Manoj Singh Thakur ....Applicant V/s.
The State of Maharashtra ....Respondent ------- Mr. Niranjan Mundargi i/b. Kunal D. Ambulkar, for the Applicant. Ms. Pallavi N. Dabolkar, APP for the Respondent-State. Mr. B. R. Mohite, PSI, Samta Nagar Police Station, Mumbai, present.
CORAM
: PRAKASH D. NAIK, J.
DATE : 31st January, 2020 P.C.:
1.
The Co-ordinate Bench has directed not to place the matter
2 20 ABA-890-2019. before that Court, hence, the application is listed before this Court. The applicant is apprehending arrest in C.R.No.59 of 2018 dated 02nd August 2018 registered with Samta Nagar Police Station, Mumbai on 02nd August 2018 under Section 420 r/w 34 of the Indian Penal Code.
2.
Heard the learned counsel for the applicant, the learned counsel for the Intervener and the learned APP. Perused the record of investigation.
3.
As per the First Information Report, Manoj Singh Thakur is the prime accused, who has committed the present crime. The applicant is wife of Manoj Singh Thakur. The complainant is conducting hair cutting saloon. Accused Manoj Singh visited his saloon and stated that he is a businessman, partner of Thakur builders etc. The complainant told him that he intends to purchase flat. The accused told him that mhada flats are available at cheaper rate and he would provide complainant flat. In April 2015, accused again visited saloon of complainant and told him that flat is available for Rs.55,00,000/-. In third week of April 2015, accused Manoj singh, his body guard, driver and a woman visited complainant's saloon. He introduced lady Savitri, as daughter of minister from Uttarpradesh. The lady told him to sign on documents. In April, complainant gave
3 20 ABA-890-2019. Rs.5,00,000/- to accused. In May 2015, gave Rs.20,00,000/- to Manoj Singh. In June 2015, Rs.10,00,000/- given to Manoj Singh. Flat was not given to complainant. In July 2015, complainant met Manoj Singh and his wife (applicant) cheque of Rs.40,00,000/- was given. It was dishonoured for want of funds. 4.
The allegation against the applicant is that, she had accompanied the accused No.1. The co-accused Pratap Raghupati Singh preferred an application for Anticipatory Bail before this Court. The said application was allowed by order dated 5th April 2019. The husband of the applicant was arrested and subsequently granted bail by order dated 17th December 2019. He is prime accused. The applicant was granted interim protection by this Court by order dated 12th April 2019. The applicant was also directed to attend the concerned Police Station, which direction is complied by the applicant. In view of the aforesaid circumstances, custodial interrogation of the applicant is not warranted, and case for Anticipatory Bail by confirming interim protection order dated 12th April 2019 is made out.
ORDER
(i) The Anticipatory Bail Application No. 890 of 2019 is allowed;
4 20 ABA-890-2019. (ii) In the event of the arrest of the Applicant in connection with C.R.No.59 of 2018 registered with Samta Nagar Police Station, Mumbai, the Applicant be released on bail on his executing P.R bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount;
(iii) The applicant shall attend Samta Nagar Police Station, Mumbai, for the purpose of investigation, as and when called for.
(iv) The Anticipatory Bail Application No.890 of 2019 and Criminal Application No.737 of 2019 stand disposed off. ( PRAKASH D. NAIK, J.)