Sumedha Shashank Zore @ Sumedha Parab v. State Of Maharashtra
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1406 OF 2022 ALONGWITH INTERIM APPLICATION NO.1757 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.1406 OF 2022 Sumedha Shashank Zore @ Sumedha Parab] ..
Applicant vs.
State of Maharashtra ] ..
Respondent Mr.Sushil Upadhyay h/f Mr.A.M. Saraogi for the Applicant. Mrs.Anamika Malhotra, APP for the State.
Mr.Subodh Desai i/b Shruthi Hampanagoudar for the Intervenor. PI V.L. Ardekar, MIDC Police Station present. CORAM :
BHARATI DANGRE, J DATE :
21st SEPTEMBER, 2022.
P.C.
1] The learned counsel for the Applicant makes a categorical statement that in the wake of accusations faced by the Applicant, she has deposited a sum of Rs.12,33,477/-, in two installments before this Court.
2] The submission advanced on behalf of the Applicant is to the effect that the subject CR allege that a sum of Rs.27,23,820/- was 1/3
transferred from the account of Standard Machinery Products and Ancillary Industries by co-accused Ketaki Kadam and present Applicant. The investigation has revealed that out of the said amount, the Applicant is beneficiary of the sum of Rs.12,33,477/-, which she has deposited in this Court.
3] The learned counsel Mr.Desai do not dispute the role attributed to the present Applicant which has surfaced through the investigation of she being beneficiary of the aforesaid amount and states that the amount being deposited in this Court by the Applicant, the complainant be permitted to withdraw the said amount.
4] Upon instructions, the learned counsel for the Applicant states that he has no objection if the amount is permitted to be withdrawn, but expect the complainant to render co-operation once he moves application for quashing of FIR, particularly since the entire amount has been paid to the complainant.
5] Mr.Desai also admits that the co-accused has repaid the sum of Rs.10,00,000/- in the account of the complainant which is still deficit by Rs.5 Lakhs and since the co-accused is not arrested, the said amount still remained payable.
6] In the aforesaid situation, Mr.Desai makes a statement that if the quashing petition is filed by the present Applicant, he shall bring the correct facts before the Court by stating that from the Applicant he has received a sum of Rs.12,33,477/-.
7] In the wake of aforesaid statement, the Applicant deserves 2/3
protection from arrest by the following order :
O R D E R
(a) Application is allowed.
(b) In the event of arrest in connection with C.R.No.365/2022 registered with MIDC Police Station, the applicant Sumedha Shashank Zore @ Sumedha Parab shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.
(c) The applicant shall report to the concerned police station as and when called for.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.
(e) The complainant is permitted to withdraw the sum of Rs.12,33,477/- by establishing his identity before the Registry of this Court.
(f) Interim Application is also disposed off.
[BHARATI DANGRE, J] 3/3