Deepesh Chandrashekhar Deshmukh v. The State Of Maharashtra

aba.2047-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2047 OF 2017 Deepesh Chandrashekhar Deshmukh ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Pavan Patil a/w Shivam Nagalia i/b Triyama Legal for Applicant. Mr. Ameet Palkar, APP for the Respondent/State. ----- CORAM : A.S.GADKARI, J.

DATE : 6th DECEMBER 2017 P.C.:

1] By a reasoned Order dated 22 nd November 2017, the applicant was granted interim relief.

2] The first information report is lodged by Smt. Neha Redij. It is the prosecution case that, Smt. Sarika Deshmukh, alleged wife of the applicant by mis-representing the first informant and other witnesses that she will be able to give admission in reputed institutions to their children at abroad, accepted an amount of Rs.32.00 lakhs from them. That the coaccused Smt. Deshmukh neither gave admission nor refunded the said amount to the first informant and other witnesses. In the premise the first information is lodged.

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aba.2047-2017.doc 3] The record clearly indicates that, the applicant was the husband of Smt. Sarika Deshmukh and by Judgment and Order dated 3.3.2016 passed by the 9 th Civil Judge, Pune their marriage was dissolved as contemplated under the provisions of Hindu Marriage Act. The present crime is lodged on 21.4.2017. Prima facie it appears from the contents of the first information report that no role is attributed to the present applicant. The record of investigation reveals that as the applicant being the husband of the Smt. Sarika Deshmukh, is implicated in the present crime. It is submitted by the learned APP that there are transactions inter-se between Smt.Sarika Deshmukh and the present applicant. However, the prosecution is unable to connect the link of the said money to the present crime.

4] In view of the above, interim relief granted by an Order dated nd November 2017 is confirmed.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2