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Bombay High CourtBA/2548/2022disposed off

Geeta Sajiv Narayanan v. The State Of Maharashtra

2023-03-24Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2023.03.24 16:12:36 +0530 CRIMINAL APPELLATE JURISDICTION BALAJI GOVINDRAO PANCHAL CRIMINAL BAIL APPLICATION NO.2548 OF 2022 Mrs. Geeta Sajiv Narayanan ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Viral Rathod a/w Shyam H. Bagdi, for the Applicant. Smt. P. P. Shinde, APP for the Respondent/State. CORAM : NITIN W. SAMBRE, J.

DATE : 24th MARCH, 2023 P.C.

1.

On 7th June, 2021, applicant came to be arrested in Crime No.171 of 2021 for an offence punishable under Section 406, 420, 465, 468, 471 r/w 34 of the IPC.

2.

The case of the prosecution is that the applicant's husband, namely Sajiv, a co-accused was running rental firm, wherein he was in the business of transfer of properties to the needy persons. It appears that the said accused has promised the transfer of properties, rental income and accepted huge amount from the victims and defrauded them for an amount more than rupees one crore.

3.

The case of the prosecution against the applicant is, she being wife of the said accused has accepted an amount from in all

three persons as is reflected in the investigation papers. 4.

I have perused the statement of the persons, who have deposited the amount with the applicant, namely Shri. Ramayan Ramvilas Chaurasiya, Smt. Mangala Pramod Dhage and Smt. Laxmi Ramesh Khatri.

5.

All these three witnesses are stating that the amount was deposited with the applicant, however, it is not the prosecution case or the case of the victims that the applicant at any point of time promised higher returns, rental income or providing the properties on rent or sale etc.. It appears that the amount was delivered to the applicant only on the instructions of the accused Sajiv who is absconding till this date. It cannot be inferred from the record that applicant has made such demand by making any false promise. 6.

The applicant has already suffered incarceration for a period of almost 21 months who is having a minor daughter. There are no criminal antecedents against the applicant. 7.

Considering the role attributed to the applicant, there is suspicion as to her prima-facie involvement in the crime in question. 8.

That being so, applicant is directed to be released on bail on furnishing PR bond of Rs.10,000/- with one or more sureties in the like amount within two months from today. Till then cash bail

be accepted.

9.

Applicant shall neither influence the witnesses in any manner nor tamper with the evidence.

10.

Applicant shall attend the trial regularly.

11.

The application as such stands disposed of.

[NITIN W. SAMBRE, J.]