Smriti Palash Devghariya v. The State Of Maharashtra

8-aba-1440-17 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1440 OF 2017 Smriti P. Devghariya vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mohd. Kazi for the Applicant.

Mr.R.M.Pethe, APP. for the State.

CORAM :A.S.GADKARI, J.

DATE : 11th January, 2018 P.C.

1) By an order dated 21.8.2017 the applicant was granted interim relief.

2) It is the prosecution case in nut shell is that the applicant along with accused No.1 Palash Devghariya i.e. husband of applicant made a representation to the witnesses about investment of money in the investment scheme of their company with an assurance of repayment of double amount on maturity and therefore the first informant gave them a sum of Rs.46.88 lakhs for the same .

3) The record indicates that, the police have also invoked Section 3 of the MPID Act to the present crime. The record further indicates that the husband of the applicant was arrested by the police and he is now released on regular bail. That the total amount of defalcation alleged in the first information report by the applicant and co accused is about 47.00 lakhs and the police have already seized the property worth Rs.1.00 1/2

8-aba-1440-17 Crore from the accused persons. After completion of investigation the police have already submitted charge sheet 4) By the interim order, the applicant was directed to attend the Investigating Officer on stipulated dates and it appears from record that she has complied with the said condition. 5) After perusal of the charge sheet and the record of investigation this Court is of the view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary. In view thereof, the interim relief granted by order dated on 21.8.2017 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

6) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2