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Bombay High CourtABA/3025/2022disposed off

Veena Mohan Premjani v. State Of Maharashtra

2022-11-30Hon'Ble Shri Justice M. S. Karnik4 pages

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.11.30 19:56:15 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.3025 OF 2022 Ms.Veena Mohan Premjani ..Applicant vs.

State of Maharashtra ..Respondent Mr. Virendra V. Pethe, for applicant.

Ms. A.A. Takalkar, APP for respondent-State. Mr. Vivek R. Bhosle, PI, L.T. Marg Police Station present. CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 30, 2022 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application of pre-arrest bail in respect of the offence punishable under sections 409, 420, 34 of the Indian Penal Code, 1860 in connection with C.R. No.165 of 2022 registered with L.T. Marg Police Station. 3.

The offence is registered at the instance of Alkesh Rathod on 01/04/2022. The applicant is alleged to be the Vice President of the Company called as Maxx Global Impex. The complainant was a dealer in cloth material.

After one of the representative of Maxx Global Impex Company approached the complainant, the complainant supplied the cloth. The transaction was honoured. Thereafter on one occasion when materials to the extent of Rs.22,02,159/- was supplied by the complainant to the said Company, the Company defaulted in the payment. It is submitted that time and again the complainant requested the Company to make the payment, but the dues were not paid. Therefore, the complaint of cheating was filed against the authorised representatives of the Company. It is not in dispute that Ujwal Dey is the proprietor of the Company. Ujwal was arrested and later on granted bail by the trial Court. The applicant is a woman who is stated to be the Vice President of the Company. In the FIR, the applicant is not even named. The applicant is implicated only because she is the Vice President of the Company. There is nothing to indicate that the applicant had any concern with the transaction.

4.

Learned counsel for the applicant submits that the applicant is willing to co-operate with the investigation. In

any case, there are no dealings which the complainant had with the applicant. The complainant wants to recover the dues of Rs.22,02,159/- from the Company. Since the proprietor of the Company was arrested and interrogated, in such view of the matter, the applicant can be released on pre-arrest bail as the custodial interrogation of the applicant is not required. Hence, the following order.

O R D E R

(a) In the event of arrest of the applicant in connection with C.R. No. 165/2022 registered with L.T.Marg Police Station, the applicant- Ms. Veena Mohan Premjani be released on bail on her furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

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

(c) The applicant shall report to the Investigating

Officer of the concerned Police Station as and when required.

5.

The application is disposed of.

(M. S. KARNIK, J.)