Prakash Ramchandra Khartmol v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1243 OF 2016 1] Prakash Ramchandra Khartmol, Age 34 years, occ. agri. and writer, r/o. Vairaj, Tq. Barshi, Dist. Solapur 2] Asha w/o. Prakash Khartmol, Age 39 years, occ. Household and service, r/o. Vairaj, Tq. Barshi, Dist. Solapur ..Applicants

Versus

1] The State of Maharashtra, Through Police Inspector, MIDC Latur Police Station, Latur 2] The Superintendent of Police, Latur ..Respondents -- Mr.N.B.Suryawanshi, advocate for applicants Mr.M.B.Bharaswadkar, APP for respondents - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 11, 2016 PER COURT :

Heard.

2 5-crappln1243-16.odt 2] Present applicants, who are apprehending arrest in Crime No.201 of 2014 registered at MIDC Latur Police Station, Dist. Latur for the offences punishable under Section 420, 467, 468, 506 read with 34 of Indian Penal Code, are praying for their release on anticipatory bail.

3] During hearing, Mr.Suryawanshi, learned counsel for the applicants, on instructions, submits that applicant no.1 - Prakash wishes to withdraw the present application.

4] The complaint filed by the complainant would show that present applicant no.1 - Prakash being Chairman of a registered society, which runs a school, had promised the complainant for giving appointment to him as Headmaster upon transfer of the school from Solapur to Latur, on payment of certain amount by the complainant. Thereafter, in presence of present applicant no.2 - Asha,

3 5-crappln1243-16.odt applicant no.1 had reduced the said amount to Rs.Five Lakhs and a forged appointment order was given to the complainant. However, no appointment was given to the complainant.

5] As regards present applicant no.2, Mr.Suryawanshi, learned counsel for the applicants, submits that allegedly in her presence, only certain negotiation was taken place in which, the demand was reduced by applicant no.1. In the circumstances, he submits that the applicant no.2 being a woman, may be granted anticipatory bail.

6] Learned APP opposes the application. He submits that custodial interrogation of both the applicants would be required.

7] Considering the role of present applicant no.2 and as she is a woman, in my view, she can be

4 5-crappln1243-16.odt released on bail.

8] Hence, the following order :- A] The application as regards applicant no.1 - Prakash is disposed of as withdrawn.

B] The application is allowed as regards applicant no.2 - Asha w/o. Prakash Khartmol only. In the event of her arrest in Crime No.201 of 2014 registered at MIDC Latur Police Station, Dist. Latur for the offences punishable under Section 420, 467, 468, 506 read with 34 of Indian Penal Code, she be released on bail upon her executing P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand) and also upon furnishing surety in the like amount.

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She shall attend the Investigating Officer as and when reasonably called for the purpose of investigation.

5 5-crappln1243-16.odt [M.T. JOSHI, J.] kbp