Swati Chaggan Narvekar v. The State Of Maharashtra

Yadav V.G. 1 922-B.aba.2139.16.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2139 OF 2016 WITH ANTICIPATORY BAIL APPLICATION NO. 2140 OF 2016 Miss. Swati Chhagan Narvekar .... Applicant/Accused

Versus

State of Maharashtra .... Respondent through Dadar Police Station, Mumbai.

Mr. Niranjan Mundargi I/b. Mr. Vaibhav G. Bagade for Applicant. Mr. R.M.Pethe, APP for Respondent/State.

Mr. Sanjay Kare, PI, Dadar Police Station, Mumbai.

CORAM

:

SMT. SADHANA S. JADHAV, J.

DATE :

25TH JANUARY, 2017.

P.C.

.

Heard learned counsel for the applicant and learned APP. Perused the papers of investigation.

2.

It is the case of the prosecution that one Geeta Mohan Narayan had approached the present applicant, as the applicant was known as an Advocate of good reputation. It is the case of the prosecution that the applicant had informed Geeta that she had discontinued her practice in the High Court, and therefore, she has

Yadav V.G. 2 922-B.aba.2139.16.odt. guided her to consult her own sister Swati. Perused the paper of investigation, particularly statement of the co-accused. It is clear that the allegations against the present applicant is that she had conspired with her sister to forge and fabricate the documents in respect of the dispute between Geeta Narayan and the other members of the family of Geeta.

3.

The learned counsel for applicant submits that the investigation is completed and charge sheet is filed. It is also submitted that the applicant is diagnosed with Pulmonary Tuberculosis with plueral effusion. She is taking treatment. Taking into consideration the allegations levelled against the applicant and the papers of investigation, this court is of the opinion that the applicant deserves pre-arrest bail.

4.

The observations are restricted to an application under Section 438 of Cr.P.C. and shall not be taken into consideration for the purpose of quashing of FIR, discharge application or at the time of trial. Hence, the following order.

ORDER

(i) Application is allowed.

(ii) In the event of arrest, the applicant be enlarged on bail on furnishing P. R. Bond in the sum of Rs. 25,000/- with one or more local solvent sureties in the like amount.

Yadav V.G. 3 922-B.aba.2139.16.odt. (iii) The applicant shall co-operate with the investigating agency and report to the concerned police station as and when called by issuing notice under Section 160 of Cr.P.C.

(iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)