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Bombay High CourtABA/1267/2022disposed off

Varsha W/O. Vinod Rathod v. The State Of Maharashtra

2022-12-15Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} 908-ABA-1267-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1267 OF 2022 Varsha W/O. Vinod Rathod ...Applicant

Versus

The State Of Maharashtra & Anr.

...Respondents

Mr. G.S. Shete, Advocate for the applicant.

Mr. A.V. Deshmukh, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15 th DECEMBER, 2022 ORDER :

1.

The applicant apprehends his arrest in Crime No. 174/2018 registered with Gangakhed Police Station, for the offences punishable under sections 420, 406, 465, 468, 471, 473 read with 34 of the Indian Penal Code.

2.

Heard the learned advocate for the applicant and learned Additional Public Prosecutor for respondents. Perused the investigation papers.

3.

During the course of hearing it is revealed that pursuant to the filing of charge sheet, Regular Criminal Case No. 172/2018 is going on before learned Judicial Magistrate First Bhagyawant Punde

{2} 908-ABA-1267-2022 Class, Gangakhed. Learned Additional Public Prosecutor on instructions states that four years are over since trial has commenced and so far, five witnesses are examined. The applicant may not have any apprehension of arrest in these facts.

4.

Taking into consideration the allegations made against the applicant that she accompanied her husband at the time of commission of alleged offence, the applicant, in the peculiar facts, deserves protection.

5.

In the event of arrest of applicant in Crime No.174/2018 registered with Gangakhed Police Station, for the offences punishable under sections 420, 406, 465, 468, 471, 473 read with 34 of the Indian Penal Code, the applicant shall be released on executing P.B. and S.B of Rs. 15,000/- with one surety in the like amount.

6.

The applicant shall participate and attend the trial before the Trial Court. The applicant shall not be entitled to claim any special treatment for not attending the trial for a period of four years.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde