Sayali Prakash Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPTORY BAIL APPLICATION NO. 1058 OF 2017 Sayali Prakash Pawar ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Umesh R. Mankapure for the Applicant Mr. Rajan Salvi, A.P.P for the Respondent-State PI Mr. Mainkar Nilesh from Crime Branch-2, Nashik City is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 21 st JUNE, 2017 P.C.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-07 of 2017 registered with the Mumbai Naka Police Station, Nashik, for the alleged offences punishable under Sections 419, 420, 464, 465, 468, 471, 473, 506(B) r/w 34 of the Indian Penal Code and under Sections 66(C) and 66(D) of the Information Technology Act. 1/4

3.

Learned Counsel for the applicant submits that the only allegation qua the applicant is that on 23rd October, 2016, the applicant came in a car with her husband and took the 5 lakhs given by the complainant to the applicant's husband. He submits that all the co-accused have been granted regular bail. He submitted that there is nothing to show that the applicant was involved in the commission of the alleged offence i.e. of forgery and fabrication of documents by her husband and others. 4.

Learned A.P.P, on instructions, states that the custody of the applicant is not required. He states that the charge-sheet is almost ready and is likely to be filed within ten days.

5.

Perused the papers, in particular, the complaint lodged by Sandeep Patil. It appears that the allegation as against the applicant is that she had accompanied the applicant in a car and that the money given by the complainant to the applicant's husband was handed over by him to the applicant, pursuant to which, she left the spot in a car. 2/4

6.

Considering the role of the applicant and the statement made by the learned A.P.P, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station on 27th and 28th June, 2017 from 10:00 a.m. to 12:00 noon, and thereafter, as and when called, till the filing of the charge-sheet;

(iii) The applicant shall not contact or attempt to influence the complainant, witnesses or any person concerned with the case; (iv) The applicant shall inform her latest place of residence and mobile contact number and/or change of residence or mobile details, 3/4

if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (v) The applicant to cooperate with the conduct of the trial. 7.

The application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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