Manisha Sunil Pawar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1511 OF 2017 Mrs. Manisha Sunil Pawar ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. S. H. Nimbalkar for the Applicant.

Mr. S. H. Yadav, APP for the Respondent/State. Mr. Rajendrasingh Chavan, A.S.I. attached to Crime Branch, Pune. CORAM : A.S.GADKARI, J.

DATE : 25th SEPTEMBER, 2017 P.C.:

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The Applicant is apprehending arrest in C.R. No. 518/2015 dated 26.11.2015 registered with Kothrud Police Station, District Pune, under Sections 473 and 420 of the Indian Penal Code.

It is the prosecution case that on 26.11.2015 when the police persons were on duty, they got suspicious about the movement of one person and therefore, they accosted him. During his search, a rubber stamp and ink stamp pad were found. The said rubber stamp was of Crime Investigation Department, Pune. The said person revealed his name as Sunil Pawar, husband of the present Applicant. After completion of formalities, the said person was arrested by the police on 26.11.2015 and came to be released on bail on 29.11.2015. As of today, the investigation of the present crime is practically completed. 1/3

Learned Counsel for the Applicant submitted that the Applicant received a notice under Section 160 of Cr.P.C. directing her to attend the Investigating Officer for the purpose of investigation of the present crime. That the said notice was issued to her after a lapse of about 2 years. He further submitted that the Applicant is wife of Accused No.1 Sunil Pawar and has nothing to do with the said crime. That the Applicant being wife of Accused No.1, is being unnecessarily called to the Police Station for the purpose of investigation. He therefore, prayed that Applicant may be granted pre-arrest bail. Perused the record of the investigation and it clearly appears that Accused No.1 Sunil Pawar was accosted by the police on the spot on 26.11.

2015 on suspicion and during his search the aforesaid rubber seal of Crime Investigation Department, Pune and an ink stamp pad were found from his pocket. As stated earlier, the interrogation of Accused No.1 Sunil Pawar has been carried out by the police and he has been released on bail. It further prima facie appears that the present Applicant has no role to play in the present crime and in view thereof, the Applicant can be protected by the pre-arrest bail. Hence, the following order:- a) In the event of arrest of the Applicant in C.R. No. 518/2015 dated 26.11.2015 registered with Kothrud Police Station, District Pune, the Applicant shall be released on bail on her furnishing PR Bond of Rs.15,000/- with one or two local sureties in the like amount.

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b) Applicant shall not tamper with the evidence and/or pressurize or threaten the prosecution witnesses.

c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3