Akila Ahmed Khan v. The State Of Maharashtra

27 aba 1205-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1205 OF 2023 Mrs. Akila Ahmed Khan ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Nagesh Y. Chavan i/b. Sartaj Pathan for the Applicant. Mr. S.V.Gavand, APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 26th JUNE, 2023.

P.C.

1.

This is an application under Section 438 Cr.P.C. seeking pre-arrest bail in Crime No. 90 of 2023 registered with R.A.K.Marg Police Station, Mumbai, for offences under Section 406, 420 r/w. 34 of the Indian Penal Code.

2.

Heard learned Counsel for the Applicant, learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties . 3.

The aforesaid crime was registered pursuant to the FIR lodged by Smt. Farida Gulshitab Ansari. A perusal of the FIR reveals that the coaccused Nandkumar Vinchu, his wife and brother had induced the first informant to pay an amount of Rs.17,73,500/- on an assurance that they SALGAONKAR

27 aba 1205-23.doc would invest this money in a scheme floated by the Applicant herein and that they would get high returns. The first information report had stated that the co-accused neither paid the profit/interest nor returned the principal amount.

4.

The FIR does not prima facie indicate that the Applicant had induced the first informant in paying the money or that the Applicant had given false assurance of high returns.

5.

Considering the above facts and circumstances, by order dated 24th April, 2023, this Court had granted interim protection to the Applicant. Learned APP states that pursuant to the said order, the Applicant has reported to the Investigating Officer, She has been interrogated and that investigation has been completed and chargesheet is filed. 6.

In the above facts and circumstances, the interim bail granted to the Applicant by order dated 24.04.2023 stands confirmed. .

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) SALGAONKAR