Sai Prabha Menon v. The State Of Maharashtra
1 17-ABA-2230-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2230 OF 2022 Sai Prabha Menon ...Applicant
Versus
The State Of Maharashtra
...Respondent
....
Mr. Suhas B. Rohile, Advocate for the Applicant. Mr. N. B. Patil, APP for the Respondent - State. ....
by DNYANESHWAR ASHOK ETHAPE Date:
2022.10.19 20:50:42 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : PRAKASH D. NAIK, J.
DATE : 18th OCTOBER, 2022 PER COURT:
1.
The applicant is pre-arrest bail in connection with C.R. No. 218 of 2022 registered with Chandan Nagar Police Station, Pune for ofences punishable under Sections 419, 420, 406 read with 34 of the Indian Penal Code. The FIR was registered on 18.06.2022.
2.
The case of the prosecution is that the informant approached the applicant to get loan of Rs. 25 lakhs from bank to expand his business. The applicant interrogated the informant to one Sangita Nagarkar and that the bank has sanctioned home loan to her. She is not in need of entire amount of loan. Sangita assured the informant that she
2 17-ABA-2230-2022.doc would pay the amount of Rs. 25 lakhs to him but for that purpose Rs.6 lakhs will be required for processing and disbursement of loan by the bank. On the assurance the informant had paid amount of Rs. 2 lakhs by RTGS to the applicant and Rs. 4 lakhs to Sangita Nagarkar. Although it was assured to pay the said loan amount within 15 to 20 days, it was not paid to the informant. The accused avoided returning of the amount accepted by them. On inquiry, it was found that the bank had not sanctioned any housing loan to Sangita Nagarkar.
3.
Sangita Nagarkar was arrested and she has been granted regular bail. On the previous date of hearing, this Court had recorded statement of learned advocate for the applicant that he intends to deposit the amount of Rs. 2 lakhs in this Court.
4.
Learned advocate for the applicant submitted that the demand draft of Rs. 2 lakhs is ready. FIR indicate that Rs.2 lakhs was parted to the applicant by the frst informant. 5.
Considering the aforesaid circumstances and the fact that the applicant is depositing Rs. 2 lakhs in this Court,
3 17-ABA-2230-2022.doc hence, relief can be granted to the applicant.
ORDER
(i) Criminal Anticipatory Bail Application No.2230 of 2022 is allowed;
(ii) In the event of arrest of the applicant in connection with C.R. No. 218 of 2022 registered with Chandan Nagar Police Station, Pune the applicant be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;
(iii) The applicant shall deposit demand draft of Rs. 2 lakhs in the Registry of this court within three days from today.
(iv) The applicant shall appear before the Investigating Ofcer as and when called for.
(v) In the event, the charge-sheet is fled in this case, the amount deposited in this Court be transferred to the trial Court where the charge-sheet is fled. The said Court shall deal with the said amount in accordance with law.
(vi) Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)