Mahananda Gajanan Pailwan v. The State Of Maharashtra And ANR

1 Cr. Appln. 1417-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1417 OF 2016 Mahananda Gajanan Pailwan, Age : 43 years, Occ.: Housewife, R/o Bhavani Road, Tuljapur, Tq. Tuljapur, Dist. Osmanabad .. Applicant Vs.

1.

The State of Maharashtra, 2.

Superintendent of Police, Osmanabad 3.

Dr. Minal Santosh Pawar, age : 31 Years, Occu.: Medical Practitioner, r/o Behind Panchayat Samiti, Tuljapur, Tal. Tuljapur, Dist. Osmanabad .. Respondents ---- Mr. V.D. Salunke, Advocate h/f. Mr. V.P. Golewar, Advocate for the applicant Mr. U.S. Mote, A.P.P. for the respondents-State ---- CORAM : M.T. JOSHI, J.

DATE : 18/04/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who is apprehending arrest at the hands of Tuljapur Police Station, Dist.

2 Cr. Appln. 1417-2016 Osmanabad in crime no. 58 of 2016 for the offences punishable under section 406, 420 of the Indian Penal Code, is praying for her release on bail, in the event of her arrest.

3.

The allegations would show that the present applicant being the operator of certain benefit chit, had, out of an amount of Rs.1,75,380/-, paid certain amount in cash, however some balance amount remained to be paid and the cheque issued by the present applicant towards the same, had bounced. Therefore, the offence came to be registered.

4.

Mr. Salunke h/f Mr. Golewar, learned counsel for the applicant submits that in-fact, at the most it would be a case of civil nature and the custodial interrogation of the present applicant would not be required.

5.

Learned A.P.P. opposed the application.

6.

Considering all the facts on record that the present applicant is a woman and in the background of the transactions, the interim protection granted to the

3 Cr. Appln. 1417-2016 applicant by this Court, vide order dated 17/03/2016 is hereby made absolute on the same terms and conditions. 7.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/