Gauri Shiresh Gaikwad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1028 OF 2015 Gauri Shiresh Gaikwad ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. S. V. Kotwal I/b Mr. Avinash Kamkhedkar for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 26TH AUGUST, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.86 of 2014 registered with the Dattawadi Police Station, Pune, for the alleged offences punishable under Sections 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code, 1870. 3.

According to the prosecution, the applicant, her husband and two other co-accused have forged and fabricated certain documents and had obtained loan from the UCO Bank, Narhe Branch. Accordingly, the 1/3

Branch Manager of the UCO Bank has lodged the aforesaid FIR. According to the complainant, loan was obtained from several banks on the basis of one flat, which was mortgaged. According to the prosecution, the applicant stood as a guarantor/surety in the loan application which was filed by her husband.

4.

Learned Counsel for the applicant states that the applicant is a lady and she had only signed as a surety/guarantor on the said loan application. He submitted that the applicant had not submitted the said documents with the Bank.

5.

Learned A.P.P states that charge-sheet is filed in the said case in July, 2015. She states that in a similar case, the applicant has been granted anticipatory bail.

6.

Considering the nature of allegations and the role of the present applicant and the fact that she is a lady, the applicant is granted anticipatory bail on the following terms and conditions :

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ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ; (ii) The applicant shall cooperate in the conduct of the trial and shall not contact or intimidate any person concerned with the case.

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 confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.

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

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