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Bombay High CourtAPPLN/2838/2015disposed off

Surekha Bhimrao Maske @ Surekha W/O Shivraj Marathe v. The State Of Maharashtra

2015-06-25Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 2838.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2838 OF 2015 Surekha Bhimrao Maske @ Surekha w/o Shivraj Marathe .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. V.V.Ingale, Advocate for Applicant.

Mr. V.H.Dighe, A.P.P. for Resp. - State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 25th JUNE, 2015 .............................

PER COURT :

1.

This is an application for bail since the present applicant is in jail in connection with Crime No. 57/2015 registered with Police Station Kallamb, Dist. Osmanabad for the offences punishable u/s 409,420,465, 467,468, 469,471 read with 34 of the Indian Penal Code .

2.

Heard Mr. V.V.Ingale, learned Counsel for the applicant and Mr. V.H.Dighe, learned A.P.P. for the respondent - State.

3.

F.I.R. is lodged by Ramdas Kamladas Khose, who

2 Cr.Apln. 2838.2015 was the Vice President of Rashtramata Jijau Taluka Gramin and Nagari Co-operative Credit Society Ltd., Kallamb. Present applicant was the Manager of the said Credit Co-operative Society during the period from 2010 to 2014. According to F.I.R., when the audit of the said Society was done by the statutory auditor, it was noticed in that audit that the present applicant along with other co-accused has prepared bogus documents and has taken the loan in the name of fake persons and thereby she has mis-appropriated amount of Rs. 19,32,049/-.

4.

Applicant is arrested on 24/04/2015. Initially, she was in police custody remand. Presently she is in magisterial custody remand. The offence is related to the documents. All the documents are already seized and they are in the custody and possession of the Investigating Officer. In that view of the matter, applicant's further presence in jail is not required. Learned A.P.P. submitted that the investigation is in progress. He submitted that the Investigating Officer wants to verify the hand writing of the borrower. However, for verifying the hand writing of the borrower, presence of the present applicant in jail is not required.

5.

Hence, I pass the following order :

(i) Present Criminal Application is allowed.

(ii) Applicant Surekha Bhimrao Maske @ Surekha w/o Shivraj Marathe be released on bail in connection with Crime No.

3 Cr.Apln. 2838.2015 57/2015 registered with Police Station Kallamb, Dist. Osmanabad for the offences punishable u/s 409,420,465, 467,468, 469,471 read with 34 of the Indian Penal Code on she executing P.R. Bond of Rs.15,000/- [Rupees Fifteen Thousand] with two solvent sureties of like amount. Bail before the trial Court.

(iii) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 2838.2015