← Library
Bombay High CourtBA/2717/2022allowed

Manisha Sunil Sarode v. State Of Maharashtra

2023-01-12Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2717 OF 2022 Manisha Sunil Sarode ..Applicant VS.

The State of Maharashtra ..Respondent Adv. Wesley Menezes a/w Adv. Steven Anthony a/w Adv. Waqar Pathan, for the Applicant.

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

CORAM : M. S. KARNIK, J.

DATE : JANUARY 12, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail by the applicant- Manisha Sunil Sarode in connection with C.R. No.I-669 of 2020 dated 26/11/2020, registered with Kolsewadi Police Station, under sections 420, 406, 409 read with 34 of the Indian Penal Code, 1860 and under sections 3, 4 and 5 of the Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999.

3.

The applicant is a woman. Considering her medical condition, the applicant had to be hospitalised in a private hospital and the applicant was operated for "slipped disk" 1/3

and is still hospitalised in need of post-operative care. The allegations against the applicant are that she was running a company alongwith her husband. It is alleged that the affairs of the company were looked after by the husband. Even learned counsel appearing for the applicant's husband in anticipatory bail application no. 68 of 2023 submitted that the applicant's husband is willing to accept that the affairs of the company were looked after by him. The allegation is that 880 investors were duped to the tune of Rs.16 crores by the applicant and her husband. The amount is disputed by the learned counsel for the applicant.

4.

It is pertinent to mention that the applicant was arrested on 08/03/2022 and since then is in custody. The investigation is complete and the charge sheet is filed. It is pertinent to note that in anticipatory bail application no. 68 of 2023, an amount of Rs. 2 crores is undertaken to be deposited without prejudice by the applicant's husband. 5.

The applicant is in custody for 10 months. Considering the fact that the investigation is complete and the chargesheet is filed, the applicant is a woman and her husband has taken upon himself the responsibility that he was running 2/3

the affairs of the company, no purpose will be served by prolonging the custody of the applicant. The applicant can be released on bail. Hence, the following order. : ORDER :

(a) Applicant- Manisha Sunil Sarode shall be released on bail in connection with C.R. No.I-669 of 2020 dated 26/11/2020, registered with Kolsewadi Police Station, on furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(b) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(d) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. 6.

The Bail Application is disposed of.

(M. S. KARNIK, J.) 3/3