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Bombay High CourtABA/1156/2020disposed off

Sangita Sharad Nagane v. The State Of Maharashtra

2021-06-17Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1156 OF 2020 Sangita Sharad Nagane ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr.Ujwal R. Agandsurve for the Applicant.

Mrs.Prajakta Shinde, APP for the Respondent-State. ---- CORAM : C.V. BHADANG, J.

DATE : 17 JUNE 2021 (Through Video Conferencing) (In Chamber) P.C.

.

This is the second application seeking Anticipatory Bail in connection with Crime No.657 of 2020 of Fauzdar Chavadi Police Station, Solapur under Section 409, 420, 467, 468, 471 read with Section 34 of the Indian Penal Code.

2.

The previous application being ABA No.4683 of 2020 was allowed to be withdrawn on 11th November 2020 as this Court was not inclined to favorably consider the same. It is in these circumstances, that by an order dated 31st March 2021 the present application was directed to be placed before this Bench. N.S. Kamble page 1 of 3

3.

I have heard the learned counsel for the applicant and the learned Additional Public Prosecutor. Perused record. 4.

The learned counsel for the Applicant submitted that there are two subsequent developments which require this Court to reconsider the prayer for anticipatory bail. Firstly, it is submitted that the applicant has deposited an amount of Rs.8,00,100/- on 18 January 2021 with the concerned bank and secondly, the investigation is complete and the charge-sheet is filed on 3rd December 2020.

5.

It is submitted that the Accused No.2 Mr.Dattatray Kanade who had also withdrawn his anticipatory bail application, has been granted anticipatory bail by the learned Sessions Judge. 6.

The learned Additional Public Prosecutor seeks time. 7.

According to the prosecution the total amount involved in the offence is to the tune of Rs.30 lakhs and odd, out of which the applicant has deposited an amount of Rs.8,00,100/- on 18th January 2021. The applicant is stated to be a passing officer. The applicant is Accused No.3.

N.S. Kamble page 2 of 3

8.

Having regard to the overall circumstances and further having regard to the submission that the Accused No.2 Dattatray has been granted anticipatory bail by the learned Sessions Judge it would be appropriate to grant liberty to the applicant to approach the learned Sessions Judge. Thus the present application is disposed of with a liberty to the applicant to approach the learned Sessions Judge for anticipatory bail. If such an application is filed the learned Sessions Judge shall decide the same as expeditiously as possible, on its own merits and without being influenced by the withdrawal of the application before this Court. C.V. BHADANG, J.

N.S. Kamble page 3 of 3