Baisakhi Bhanu Das v. The State Of Maharashtra

17-aba-2525-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2525 OF 2023 Baisakhi Bhanu Das ...Applicant vs.

The State of Maharashtra

...Respondent

None for the Applicant Smt. A.A. Takalkar, APP, for the Respondent/State. Mr. Gaonkar, PSI, Amboli police station.

CORAM :

N. J. JAMADAR, J.

DATE :

DECEMBER 20, 2023 P.C.:

1.

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

2.

This application is preferred seeking pre-arrest bail in connection with C.R. No. 769 of 2023 registered at Amboli police station for the offences punishable under sections 406 and 420 read with 34 of Indian penal Code, 1860.

3.

When the application was listed before this Court on 9th October, 2023 this Court had granted interim bail ascribing reasons. It was, inter alia, observed as under:- 8] Prima facie, as noted in the order dated 30 June 2023, the transaction between the first informant and Oceanseven Media Hospitality Pvt. Ltd., was of a distinct nature. It does not appear that the applicant was involved in the management of Oceanseven Media Hospitality Pvt. Ltd., nor is it the allegation that the applicant induced the first informant to part with any amount. The flat at Virar has been reported to be Vishal Parekar ...1

17-aba-2525-2023.doc seized by the investigating agency during the course of investigation. The allegations are primarily against the husband of the applicant. The aspect of the end-use of the amount which came to be credited to the account of the applicant can be investigated by directing the applicant to join in the investigation. I am, therefore, persuaded to exercise the discretion in favour of the applicant.

4.

The learned APP submits that the applicant has appeared before the investigating officer in terms of the aforesaid order and cooperated with the investigation.

5.

In view of the aforesaid statement and for the reasons which weighed with this Court in granting interim bail, I am impelled to make the order of interim bail absolute.

6.

The order of interim bail dated 9th October, 2023 is made absolute on the terms and conditions incorporated therein. 7.

In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

8.

It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2