Sanskruti Amol Jadhav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2612 OF 2022 Sanskruti Amol Jadhav ...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Ashok Gade a/w Riya John and Navin Rathod, Advocate for the Applicant.

Ms. P. N. Dabholkar, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

17th OCTOBER, 2022.

PER COURT :

1.

The applicant is seeking pre-arrest bail in C.R. No.434 of 2021 registered with Pimpri-Chinchwad Police Station, for offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code, 1860.

2.

The case of the prosecution is that, several investors were induced by the accused to invest in M/s A. J. Royal Service(OPC) Pvt. Ltd., company for purchase of four wheeler and to give those vehicles on higher rent and earn income per month. Several investors had invested the amount. They were cheated for huge amount. Amol Jadhav is purportedly the main person behind the crime. The applicant is wife of Amol Jadhav.

3.

During the course of Investigation Amol Jadhav and several other persons who are appointed as a agent were arrested. Amol Jadhav was granted bail in accordance with Section 167(2) of Cr.P.C. The other agents were also granted regular bail. 4.

Learned counsel for the applicant submitted that, basically the company was run by the accused No.1. The applicant was inducted as director subsequently. However, she had not participated in the business activity of company. Transactions were executed by Amol Jadhav and others. The applicant had resigned from the said company on 14th October, 2021. The amount of Rs.7,00,000/- and 11,00,000/- were transferred to the account of applicant, which has been re-transferred to the account of the company. The husband of the applicant was in custody. Custodial interrogation of the applicant is not necessary. 5.

Per-contra learned APP submitted that, the applicant was director at certain point of time. She has participated in the crime. Amount was transferred into her bank account. The husband was granted default bail. Further investigation is in progress in accordance with Section 173(8) of Cr.P.C. Documents are required to be recovered from the applicant. She had participated in the affairs of the company. She was absconding. Her custodial

interrogation is necessary.

6.

It is pertinent to note that, the investigation is in progress from the date of FIR. Prime role is attributed to Amol Jadhav. The FIR also refers to the involvement of the agents. Amol Jadhav was in custody. He appears to have played vital role in inducing the investors and alleged missappropriation the amount. Pursuant to arrest of the said accused, charge-sheet has been filed. All the documents are in custody of the police. It appears that, the amount of Rs.7,00,000/- and 11,00,000/- were transferred to the account of the applicant. However, the learned counsel for the applicant has pointed out by filing additional affidavit that, the said amount was re-transferred in the account of the company. 7.

Considering the aforesaid circumstances applicant need not be subjected to custodial interrogation.

ORDER

(i) Criminal Anticipatory Bail Application No.

2612 of 2022 is allowed.

(ii) In the event of arrest of the applicant in connection with C.R. No.434 of 2021 registered with Pimpri-Chinchwad Police Station, the applicant be released on bail on executing P.R. Bond in the sum of

Rs.25,000/- with one or more sureties in the like amount.

(iii) The applicant shall report Investigating Officer on 19th, 20th and 21st October, 2022 between 11:00 a.m. to 1:00 p.m. and thereafter as and when called for.

(iv) Criminal Anticipatory Bail Application is disposed off.

(PRAKASH D. NAIK, J.)