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Bombay High CourtABA/2806/2019allowed

Nazaneen Sayyed v. The State Of Maharashtra

2021-09-13Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2806 OF 2019 Digitally signed by MEGHA S PARAB Date:

2021.09.14 17:58:30 +0530 MEGHA S PARAB Smt. Nazneen Sayyed ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Sudhir C. Halli for the Applicant.

Ms P.N. Dabholkar, APP for the Respondent-State. Mr. Murlidhar Karpe, Sr. P.I., Deccan police station, Pune, present. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 13th SEPTEMBER, 2021.

P.C.:- This is an application under Section 438 of the Code of Criminal Procedure, 1973 for pre-arrest bail fled by the Applicant in apprehension of her arrest in Crime No.237 of 2018 registered at Deccan Police Station, Pune for ofences punishable under Sections 341, 384, 504 and 506 (2)r/w 34 of the IPC.

2.

The aforesaid crime was registered pursuant to the FIR lodged by Sadanand Govind Phadake. The frst informant had alleged that on 19/11/2018 two persons on a scooter had stopped his vehicle and had demanded money under the pretext that his car had dashed against their scooter. Crime was registered against unknown persons. 1/3

In the course of the investigation based on the statement made by coaccused Kailash Mhaske, crime was registered against the present Applicant. Material on record does not prima facie shows involvement of the Applicant in commission of the crime.

3.

Considering the role attributed to the Applicant, this Court (Coram : Prakash .D. Naik, J.) vide order dated 19/12/2019 granted interim protection to the Applicant. Learned APP states that the Applicant has co-operated with the investigation and that the investigation has been completed and the charge sheet will be fled within a period of two weeks. It is stated that presence of the Applicant is not required for custodial interrogation. 4.

Considering the above facts and circumstances, the application is allowed on following terms and conditions:- (i) In the event of arrest of the Applicant in Crime No.237 of 2018 registered at Deccan Police Station, Pune, the Applicant be released on bail on furnishing PR bonds in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) The Applicant shall co-operate with the Investigating Agency and report to the Investigating Ofcer as and 2/3

when required;

(iii) The Applicant shall not interfere with the witnesses or tamper with the evidence in any manner;

(iv) The Applicant shall keep the Investigating Ofcer informed of her current addresses and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3