Sonali W/O. Dnyaneshwar Kale @ Namekar v. The State Of Maharashtra

59-BA-828-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 828 OF 2022 Sonali w/o Dnyaneshwar Kale @ Namekar ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. Vikas S. Bhale, Advocate for applicant Mr. V. S. Badakh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 25th JULY, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0076/2021, registered with City Chowk Police Station, Aurangabad, District Aurangabad for the offences punishable under Sections 420, 467, 468, 471, read with 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR) and the related papers.

(( 2 )) 59-BA-828-2022 3.

The learned Advocate for the applicant informs that all the co-accused have already been enlarged on bail. 4.

The learned APP urged for rejection of the application. According to him, it is an economic offence and many persons have been duped.

5.

The applicant is a woman. She has been behind the bars for little over six months. The total amount involved in this crime is Rs.27,00,000/- (Rupees Twenty Seven Lakh). The Investigating Officer could not recover even a rupee. The record indicates the applicant to have received Rs.13,00,000/- in her bank account. The balance amount is said to have been paid her in cash. 6.

The learned Advocate for the applicant informs that, the applicant, on her own, offered to deposit the amount received by her. The applicant is therefore directed to deposit a sum not less than Rs.15,00,000/- (Rupees Fifteen Lakh) as she readily agreed. In view of the same, the application deserves to be allowed on following conditions:

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O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0076/2021, registered with City Chowk Police Station, Aurangabad, District Aurangabad for the offences punishable under Sections 420, 467, 468, 471, read with 34 of the Indian Penal Code, on her executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall deposit Rs.15,00,000/- (Rupees Fifteen Lakh) within a period of eight weeks from the date of this order. Rs.5,00,000/- (Rupees Five Lakh) thereof, to be deposited within two weeks as condition precedent for release on bail. The amount shall be deposited with the trial Court.

(iv) In the event of failure of the applicant to deposit the entire amount as agreed by her, the bail granted to her shall stand cancelled without reference to this Court. (v) The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS