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Bombay High CourtBA/1594/2024application allowed

Savita W/O Devidas Adhane v. The State Of Maharashtra

2024-10-21Hon'Ble Shri Justice S. G. Mehare3 pages

2024:BHC-AUG:26134

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1594 OF 2024 SAVITA W/O DEVIDAS ADHANE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle. APP for Respondent-State : Mr. S. B. Pulkundwar. ...

CORAM : S. G. MEHARE, J.

DATE :

21.10.2024 PER COURT :- 1.

Heard the learned counsel for the applicant and learned APP for the respondent-State.

2.

The applicant seeks bail in Crime No.30 of 2024, registered with M.I.D.C. CIDCO Police Station, District Aurangabad, for the offences punishable under Sections 406, 408, 409, 420, 465, 467, 468, 471, 120-B read with Section 34 of the IPC, Section 3 and 4 of the M.P.I.D. Act, Sections 21 and 23 of the Banning of unregulated Deposit Act and Section 81(5B) of the Maharashtra Co-operative Societies Act. 3.

The applicant was the Director of the Adarsh Mahila Nagari Sahakari Pata Sanstha. She had resigned in 2020 itself. However, her resignation was not accepted. Hence, again she

wrote a letter dated 24.07.2023. She has no concern with the alleged fraud committed by the Chairman and his family. She was also the wife of the Chief Executive Officer of the above Patasanstha. She was not beneficiary of the alleged fraud. She has no reason to cheat anybody. She is languishing in jail from March 2024. Nothing is to be recovered from her. In other two identical crimes, she has been granted bail. 4.

Learned APP has strongly opposed the application. He would submit that she was the signatory of the resolution granting loan to the Mankape family and their institutions. She was aware of the fraud played with the Patasanstha. Therefore, she may not be granted bail.

5.

Perused the papers. Even if the arguments of the learned APP is accepted that she had signed the resolution for loan, there appears no prima facie evidence against her that she was the beneficiary of the loan granted to the family of Mankape, who was the Chairman of the Patasanstha and his institutions. Considering the investigation conducted against her and the charge sheet, the Court is of the view that it would be inappropriate to keep her behind bar. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant SAVITA W/O DEVIDAS ADHANE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, on the following conditions :

(a) The applicant should not tamper with the prosecution witnesses.

(b) She should attend the trial on each and every effective date.

(c) She should not contact the Chairman or other Directors of the Adarsh Mahila Nagari Patasanstha and its group.

(S. G. MEHARE, J.) ...

vmk/-