Dipali Sadashiv Bhise v. The State Of Maharashtra
Digitally signed by DINESH SADANAND SHERLA Date:
2023.07.21 14:33:48 +0500 905-906-aba-1181-1182-23.doc DINESH SADANAND SHERLA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1181 OF 2023 (SR. NO.905) Dipali S. Bhise ...Applicant V/s.
The State of Maharashtra
...Respondent.
AND ANTICIPATORY BAIL APPLICATION NO. 1182 OF 2023 (SR.NO.906) Smt. Kanhopatra S. Bhise ...Applicant V/s.
The State of Maharashtra
...Respondent.
Mr. Aniket Vagal a/w. Mr. Kunal Pednekar and Mr. Divesh Mehani for the Applicants.
Mrs.Rutuja Ambekar, APP for the Respondent/State. Mr. Jitendra Gaikwad for the Complainant/Intervenor.
CORAM
:
N.R. BORKAR, J.
DATE :
21.04.2023.
P.C. :
1.
The applicants, who are accused in Crime No.52 of 2023 registered at Baramati City Police Station Pune for the ofence punishable under Section 420 read with 34 of the Indian Penal Code, have fled the present applications under Section 438 of Cr.P.C. for anticipatory bail.
2.
I have heard the learned counsel appearing for the applicants, the learned APP for the respondent / State and so also the learned counsel for the complainant.
3.
According to the complainant, the co-accused Pravin Bhise Dinesh S. Sherla 1/2
905-906-aba-1181-1182-23.doc told him to invest money in one project and duped him to the tune of Rs.34 lakhs. The applicants are mother and sister of the coaccused Pravin Bhise. According to the complainant, they accepted certain amount on behalf of the co-accused Pravin Bhise. 4.
The learned counsel for the applicants has tendered on record Whats APP SMS sent by the complainant to co-accused Pravin Bhise. The same is taken on record and marked as "X" for the purpose of Identifcations. I have perused the said SMS. It's threatening SMS to implicate the applicants in criminal case, if he does not get Rs.5 lakhs within three days. The motive behind lodging of the FIR thus appears to be recover the amount which he had allegedly paid to the co-accused Pravin Bhise. 6.
Considering the overall facts and circumstances of the case, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.
ORDER
A) Both Applications are allowed.
B) In the event of arrest of the applicants in C.R. No. 52 of 2023 registered at Baramati City Police Station, Pune for the ofence punishable under Section 420 read with 34 of the Indian Penal Code, the applicants be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.
[N.R.BORKAR, J.] Dinesh S. Sherla 2/2