Mitali Harshad Dalvi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1578 OF 2017 Mitali Harshad Dalvi ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Tushar Kale for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State PSI Mr. Kumar Bhagate, from Powai Police Station, is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 27 th SEPTEMBER, 2017 P.C. :

1.

Heard learned Counsel for the applicant.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 143 of 2017 registered with the Powai Police Station, for the alleged offences punishable under Sections 419, 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code and under Sections 66(c) and 66(d) of Information Technology Act.

3.

Learned Counsel for the applicant submits that the applicant has been falsely implicated in the said case. Learned Counsel for the 1/4

applicant submits that the applicant had not submitted the personal loan application form.

4.

Learned A.P.P states that the applicant has reported to the Investigation Officer, as directed by this Court vide order dated 8th September, 2017 and has also given her specimen handwriting. 5.

Perused the papers. It appears that the applicant had signed the personal loan application and had submitted the application along with the documents to Fullerton India Credit Co. Ltd. According to the prosecution, the applicant had falsely mentioned that she was working with HDFC Securities and had submitted false documents, showing her employment with HDFC Securities. The applicant's specimen handwriting has been taken and as directed, she has reported to the Investigating Officer on 14th and 15th September, 2017.

6.

In the peculiar facts of this case, the application is allowed and the applicant is granted pre-arrest bail, on the following terms and conditions :

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ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called;

(iii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case; (iv) The applicant shall inform her latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (v) The applicant to cooperate with the conduct of the trial. 6.

The application is accordingly disposed of.

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7.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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