Sweta Gajanan Kudalkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3049 OF 2023 Sweta Gajanan Kudalkar ...Applicant vs.

The State of Maharashtra

...Respondent

Mr. Sujit Shelar a/w. Mr. Shubham Shivgade and Mr. Pranav More, for the Applicant Smt. A.A. Takalkar, PP, for the Respondent/State. Mr. Sudhir Korgaonkar, Kasturba Marg police station. CORAM :

N. J. JAMADAR, J.

DATE :

DECEMBER 12, 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.224 of 2023 registered at Kasturba Marg police station for the offences punishable under sections 406, 420, 465, 467, 468 and 471 read with 34 of Indian penal Code, 1860. 3.

By an order dated 31st October, 2023 this Court has granted interim bail observing inter alia as under:- 6] I have perused the allegations in the FIR. In the year 2022, the co-accused Radheshyam Gupta, who was then stated to be the Secretary of the said institute, had appeared before the Directorate of Technical Education when notices were issued. Allegations are primarily ...1

against Durgaprasad Gupta and Radheshyam Gupta, who have been arrested. The question as to whether the applicant is equally complicit in the alleged offences warrants investigation. The applicant is a woman. In the circumstances, it may be expedient to grant interim protection while directing the applicant to join in the investigation.

4.

The learned APP on instructions of the investigating officer submits that the applicant has appeared before the investigating officer and cooperated in the investigation.

5.

In view of the above and for the reasons which weighed with this Court for granting interim protection, I am inclined to make the order of interim bail absolute.

6.

The order of interim bail dated 31st 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.

...2

(N. J. JAMADAR, J.) ...3