Jayshree Sunil Hire v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1990 OF 2019 Jayshree Sunil Hire ...Applicant V/s The State of Maharashtra

...Respondent

------ Mr. Raviraj R. Paramane for the applicant.

Mr. S. H. Yadav, APP for the State/respondent. CORAM : PRAKASH D. NAIK, J.

DATE : 24th JANUARY, 2020 PC :

1.

The Applicant is seeking anticipatory bail in connection with C.R. No.81 of 2019 registered at Ghoti Police Station, Nashik under Section 420 r/w. 34 of the IPC and under Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (for short 'MPID Act').

2.

The allegation in the FIR dated 03/06/2019 lodged by one Bhika Agiwale is that, the applicant had induced him to invest Rs.15 lakhs in Shine In India Solution Pvt. Ltd. on the assurance that he would get double the principal amount invested. Initially some amount was paid to him, however, subsequently his amount was not returned, nor any interest

2 of 3 5-ABA-1990-19.doc was paid. The FIR also mentioned that, like informant, there were 25 other victims who had lost their money and total amount of fraud was to the tune of more than Rs.2 crorers. 3.

Learned counsel for the applicant submitted that, the applicant was employee of the company. She has not played any role. She acted as per directions of the company. The Director of the company Yogesh Adhav had preferred an application for bail before the Sessions Court. He agreed to deposit amount.

4.

Learned APP submitted that the applicant had played active role. She had withdrawn the amount. She has misappropriated the amount. On perusal of the order, granting Anticipatory Bail to accused-Yogesh Adhav. It is seen that, he was granted Anticipatory Bail by order 3.12.2019, on condition that he would deposited Rs. 25 Lakhs within seven days, further amount of Rs. 25 lakhs within 5 months and thereafter, Rs. 3 lakhs per month. 5.

In view of the above, the custodial interrogation of the applicant is not called for, case for grant of Anticipatory Bail is made out.

6.

Hence, I pass the following order:

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ORDER

(i) Anticipatory Bail Application No. 1990 of 2019, is allowed;

(ii) In the event of arrest of applicant in connection with C.R. No.81 of 2019, registered with Ghoti Police Station, Nashik, she shall be released on Bail on furnishing P.R. Bond in the sum of Rs.25,000/-with one or more sureties in the like amount;

(iii) The applicant shall report the Investigating Officer as and when called for, till the flling of chargesheet. (iv) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)