Suvarna Dattatrey More v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2216 OF 2018 Mrs.Suvarna Dattatray More, Age 32 years, Occ.Housewife, R/o.Mool Gaon, Motha Gaon, Retibunder Road, Dombiwali (W), District Thane.

Applicant versus The State of Maharashtra Respondent Mrs.Pooja Sejpal I/by Nitin Sejpal for applicant. Mr.Prashant Jadhav, APP, for State.

Mr.V.D.Sanap, Police Inspector, Shantinagar Police Station, present. CORAM :

PRAKASH D. NAIK, J.

DATE : 11th January 2019 PC :

1.

This is an application for bail in CR No.I-95 of 2017 registered with Shanti Nagar Police Station for offences under Sections 181, 202, 256, 260, 262, 418, 420, 465, 468, 471, 473, 475 of Indian Penal Code. The applicant had preferred an application for bail before the Sessions Court, which has been rejected. 2.

The case of prosecution is that the applicant and other accused had impersonated themselves and stood surety before the concerned Court for executing surety bonds in relation to bail granted to various persons. It is alleged that there is recovery of fabricated documents at the instance of applicant and other accused. It is alleged that the applicant had allegedly impersonated as Amina Siddiqui. Learned counsel for applicant submitted that the applicant is in custody from 7th September 2017. The applicant is lady and she

2 of 3 903.BA.2216.2018.doc has one minor child who aged about six years. It is further submitted that there are no criminal antecedents against the applicant.

3.

Learned APP submitted that involvement of applicant is apparent from the documents on record. She was found in possession of documents which were forged and fabricated. She has impersonated herself while standing as surety before the Court. It is submitted that the co-accused Sunny Gupta had preferred application for bail before this Court which was withdrawn by order dated 7th June 2018. Learned counsel for applicant, however, submitted that the said accused was found in possession of several fabricated documents which were in the name of other accused. Learned APP submitted that charge has been framed in this case and one witness has been examined. Learned counsel for applicant further submits that although one witness has been examined, it is not clear as to how much time will it take to conclude the trial and considering the fact that applicant is lady having one minor child, sympathetic view may be taken to grant bail.

4.

It is noted that the applicant is in custody for about one and half year. She is lady having minor child. The application preferred by the co-accused was withdrawn on 7th June 2018. Thereafter about six months have lapsed. There are no antecedents against applicant. Considering the evidence, bail can be granted to the applicant.

5.

Hence, I pass following order :

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ORDER

(i) Criminal Bail Application No.2216 of 2018 is allowed and disposed off;

(ii) The applicant is directed to be released on bail in connection with CR No.I-95 of 2017 registered with Shanti Nagar Police Station, on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall report Shanti Nagar Police Station once in a month on every first Saturday between 11 am and 1 pm till conclusion of trial;

(iv) The applicant shall not tamper with the evidence and shall attend the Trial Court proceedings regularly, unless exempted for some reason by the Trial Court.

(PRAKASH D. NAIK, J.) MST