Manpreet Pawan Shahani v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2872 OF 2022 Manpreet Pawan Shahani ...Applicant VS.
The State of Maharashtra
...Respondent
------------ Mr. Aabad Ponda, Senior Advocate a/w Mr. Abhijeet Desai a/w Mr. Dilip Jadeja i/b. Desai Legal for the Applicant. Mr. S. H. Yadav, APP for the State.
Mr. Rahul Patil, PSI, Powai Police Station and Mr. Sawant, PI are present.
------------ Digitally signed by PRADNYA MAKARAND BHOGALE Date:
2023.01.24 19:14:54 +0530 PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.
DATE : JANUARY 23, 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 applicantManpreet Pawan Shahani in connection with C.R. No.44 of 2020 dated 17/01/2020 registered with Powai Police Station for the offence punishable under Sections 420, 408 and 471 of the Indian Penal Code, 1860.
3.
The applicant was working as an Executive Assistant Manager with the J.P. Morgan Services India Private Limited. 1/4
The allegation is regarding a financial fraud involving misappropriation of pre-paid gift vouchers. It is alleged that the JP Morgan Company purchased gift vouchers worth Rs.3.5 crores from Benir Company. Suffice it to observe that the allegation against the applicant is that she has misappropriated the gift vouchers to the tune of Rs.29,90,000/-. To show the bonafides, the husband of the applicant, who is personally present in the Court, undertakes that the amount of Rs.30 lakhs which will cover the misappropriated amount will be deposited with the jurisdictional Magistrate within a period of three weeks from the date of the applicant's release on bail. Statement is accepted as an undertaking to this Court. The applicant's husband by name Pawan Shahani is personally present in the Court. On his instructions, learned Senior Advocate submitted that the affidavit to this effect will be filed during the course of a day. The receipt of the deposit of the amount of Rs.30 lakhs be submitted to the Investigating Officer.
4.
The applicant is a woman. The applicant has two 2/4
minor daughters. The charge-sheet has been filed and the investigation is complete. The applicant was arrested on 05/07/2022 and is in the custody for almost 6 months. There are no criminal antecedents reported against the applicant.
5.
Taking an overall view of the matter, the applicant can be released on bail in the facts and circumstances of the present case. The statement made in the affidavit and on the instructions of the applicant's husband, who is personally present in the Court, is accepted as an undertaking to this Court and shall be abided by the applicant.
6.
Hence, the following order :-
ORDER
(a) Application is allowed.
(b) Applicant-Manpreet Pawan Shahani shall be released on bail in connection with C.R. No.44 of 2020 registered with Powai Police Station, on her furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
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(c) 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.
(d) 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. (e) The applicant shall report to the Investigating Officer as and when called.
(f) 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.
(g) The oral statement of the applicant's husbandPawan Shahani and the statements made in the affidavit shall be strictly abided by the applicant. (h) In case there is any breach of any of the statements, the Investigating Officer is at liberty to move an application for cancellation of bail. 7.
The Bail Application is disposed of.
(M. S. KARNIK, J.) 4/4