Smt. Nasima W/O. Maheboob Khan Pathan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 699 OF 2022 Nasima Maheboob Khan Pathan ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. R.P. Patwardhan, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 18th JULY, 2022 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicant, who is a woman, has been arrested in connection with Crime No. 142 of 2021 registered with City Chowk Police Station, Dist. Aurangabd for the offences punishable under Sections 420, 468, 471, 201 read with Section 34 of the Indian Penal Code. 2.

Heard. Perused First Information Report ("F.I.R.") and related police papers.

3.

In short, the case of the prosecution is that the applicant claims to be the owner of certain plot and entered into issar pavati with the 1 / 3

informant. It later on revealed that the applicant was not the owner of the said plot. As such, the applicant is said to have cheated the informant. 4.

The amount involved is Rs.2,10,000/-. The applicant is a lady. Learned counsel representing her came around stating that she would deposit a sum of Rs.1,00,000/- within a period of four weeks. 5.

Considering the nature of offence, the amount involved, the applicant being a lady and the fact that on investigation, the charge-sheet has been filed, the Court is inclined to grant bail to the applicant with condition to deposit some amount. Hence I pass the following order :-

ORDER

(I) The bail application is allowed.

(II) The applicant be released, in connection with Crime No. 142 of 2021 registered with City Chowk Police Station, Dist. Aurangabd for the offences punishable under Sections 420, 468, 471, 201 read with Section 34 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (III) The applicant shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh) with the trial Court within a period of four weeks from today. If she fails to deposit the amount within the time 2 / 3

frame, the bail granted to her will be cancelled without further reference to the Court.

(IV) After deposit of said amount, same shall be paid to the informant/victim on the conditions to be imposed by trial Court. (V) The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3