Kanchan Kirti Mudgal v. The State Of Maharashtra

1/3 (6) Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1754 OF 2018 Kanchan Kirti Mudgal ..Applicant.

vs.

State of Maharashtra ..Respondent.

Mr. S.P.Kadam i/by Kalpesh Patil for the Applicant. Shri. Amit Palkar,APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 14th December, 2018 P.C.

1.

The applicant is apprehending arrest in CR No.48/2018 dated 11.3.2018 registered with Shivaji Nagar Police Station, Pune under Section 420 read with 34 of the Indian Penal Code.

2.

Heard the learned counsel for the applicant and the learned APP. Perused the record.

3.

It is the prosecution case that, the applicant was employed with M/s. Success Overseas Visa Consultancy having its Branch Office at Pune. That, the said firm gave an advertisement in the newspapers about providing jobs at Abroad particularly, in the

2/3 countries namely New Zealand, America and Canada. The first informant and other witnesses approached the applicant and in all deposited Rs.11,70,000/- in the said firm. The said firm neither provided job at abroad to the informant and other witnesses nor return the amount. In the premise, the first information report is lodged.

4.

The record indicates that Mr. Paresh Pandya is the Proprietor of said firm namely M/s. Success Overseas Visa Consultancy and the said firm was having its branch offices at Mumbai, Ahmedabad and Pune. Many other persons like informant have been cheated by the said firm. The record indicates that, the applicant after receiving the amounts from the witnesses have forwarded it to accused No.1 Paresh Pandya and the applicant is not the beneficiary of the proceeds of the crime except his salary.

5.

In view of the above, the custodial interrogation of the applicant is not necessary and the applicant can be protected by pre-arrest bail.

6.

Hence, the following order.

3/3 a) In the event of arrest in CR No.48/2018 dated 11.3.2018 registered with Shivaji Nagar Police Station, Pune, the applicant shall be released on bail on her furnishing PR bond of Rs.20,000/- with one or two solvent local sureties in the like amount.

b) The applicant shall attend the Investigating Officer on 21.12.2018 and 22.12.2018 between 10.00 a.m. to 12.00 noon, to join the process of investigation.

c) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

d) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)