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Bombay High CourtAPPLN/5083/2016disposed off

Sonabai W/O Dhaku Rathod v. The State Of Maharashtra

2016-09-20Hon'Ble Shri Justice A.M. Badar2 pages

Cri.Appln.5083/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5083 OF 2016 Sonabai w/o Dhaku Rathod ..

Applicant

Versus

The State of Maharashtra (through the Police Station, Murum Taluka Omerga ..

Respondent Mr G.J. Kore, Advocate for applicant Mr S.B. Yawalkar, A.P.P. for respondent CORAM : A.M. BADAR, J.

DATE : 20 September 2016 PER COURT 1.

Heard learned Counsel for applicant/accused. He argued that applicant is an aged lady of about 70 years.

2.

Perusal of F.I.R. as well as the documents annexed with the application goes to show that a housing society was formed by the residents of the town. There were about 102 members of that housing society. It appears that the land of the society was acquired by the State. Compensation of Rs.1,60,356/- was assessed. However, instead of depositing the compensation with the society, it was paid by cheque addressed to the present applicant. Prima facie, it appears that amount of compensation was received by present applicant and she has appropriated the same though it was belonging to the cooperative housing society. Learned Counsel for the applicant submits that, the said amount was spent for construction of temples.

Cri.Appln.5083/2016 3.

Considering the fact that the applicant had appropriated the amount meant for the housing society, no case for interim relief is made out. The application for anticipatory bail is rejected. ( A.M. BADAR, J.) vvr