Pooja Panchal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL SIDE APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2719 OF 2021 Pooja Panchal ..

Applicant v/s.

State of Maharashtra ..

Respondent.

Mr. Dilip Shukla i/b. Yash Associates, for the Applicant. Mr. Ajay Patil, APP for the Respondent-State. CORAM: SARANG V. KOTWAL, J.

DATED : 4th JANUARY, 2022.

(THROUGH VIDEO CONFERENCING) P.C:- by SMITA RAJNIKANT JOSHI Date:

2022.01.07 10:04:37 +0530 SMITA RAJNIKANT JOSHI The Applicant is seeking anticipatory bail in connection with C.R.No. 137 of 2021 registered at Kashimira Police Station on 18th February, 2021 under section 420 read with Section 34 of the Indian Penal Code.

Heard Mr. Dilip Shukla, learned counsel for the Applicant and Mr. Ajay Patil, learned APP for the State. The FIR is lodged by Ahmed Mohammed Mohd Hanif Siddique on 18th February, 2021. It is stated that he was looking for a flat in Mira Road area. He was introduced to the Applicant' s husband Shri Jignesh Panchal. He in turn showed willingness to sell a flat. The informant met the Applicant'

s husband Jignesh Panchal in his office at Andheri. The informant decided to purchase that flat for Rs.75 lakhs. He asked Mr. Jignesh Panchal - whether there was

any loan on that flat. Jignesh categorically told him that there was no loan taken on that flat. The informant paid in all Rs. 50,50,000/- and he started residing in the said flat. Thereafter, he received a notice from Bajaj Finance regarding loan on that flat. Thereafter, he was told that there was indeed loan on that flat. The informant made enquiry. He came to know that there was loan of Rs.50 lakhs and interest around Rs.2 lakhs was pending. He realized that he was cheated and therefore, he lodged FIR against the Applicant. The learned APP submits that Jignesh Panchal was arrested and charge-sheet has already filed against him. The Applicant is having five years old daughter. All the allegations are directed towards her husband. Inducement and false representation was made by him. Money was accepted by him. No major role is played by the Applicant. In this back-ground custodial interrogation of the Applicant is not necessary. Hence, the following order :

O R D E R

(i) In the event of her arrest in connection with C.R. No.137 of 2021 registered with Kashimira Police Station, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called by the Police Station and shall co-operation with the investigation. (iii) The Application stands disposed of accordingly. (SARANG V. KOTWAL,J.)