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Bombay High CourtAPPLN/5586/2016application allowed

Rajeshri D/O Jagdishrao Ghorband @ Rajeshri W/O Dilip Telang v. The State Of Maharashtra

2016-11-24Hon'Ble Shri Justice A.S. Chandurkar4 pages

1 Cri. Appln. 5586/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5586 OF 2016 Rajeshri D/o Jagdishrao Ghorband @ Rajeshri W/o Dilip Telang, Age : 48 years, Occu. : Service, R/o : Sinchan Colony, Nanded, Tal & Dist. : Nanded .. Applicant Vs.

The State of Maharashtra Through Hadgaon Police Station, Hadgaon, Tal : Hadgaon, District - Nanded .. Respondent ---- Mr. Digambar B. Shinde, Advocate h/f Mr. M.S. Deshmukh, Advocate for the applicant Mr. A.D. Namde, APP for the respondent/State ---- CORAM : A.S. CHANDURKAR, J.

DATE : 24/11/2016 ORAL ORDER :

Heard.

2.

The applicant herein apprehends arrest in connection with Crime no. 253 of 2016 registered at Hadgaon Police Station, Dist. Nanded for the offences punishable under Section 406, 420, 468, 471, 506 r/w. 34 of the Indian Penal Code.

2 Cri. Appln. 5586/2016 3.

Perusal of the FIR indicates that since the informant was assured employment by one Sushil Waghmare, who is the main accused, an amount of Rs.9,00,000/- was paid to him. On such employment not being secured, the aforesaid amount was sought to be returned by the main accused by issuing two cheques. However, both the cheques bounced. On that basis, report came to be lodged. Insofar as present applicant is concerned, it was stated by the present applicant to the informant that her husband was an Officer in the Mantralaya and the amount in question be paid to Sushil Waghmare. 4.

After hearing learned counsel for the applicant as well as learned Additional Public Prosecutor and after perusing the order dated 27/9/2016 passed in Criminal Application No.5071 of 2016, I find that case of present applicant is similar to the case of the applicant therein. This Court has observed that there was no averment of payment of any amount to the applicant therein and hence allowed the said application. The case of the present applicant being similar, I am inclined to allow the present Application.

3 Cri. Appln. 5586/2016 Hence, the following order:-

ORDER

I) Criminal Application is allowed.

II) In the event of applicant's arrest in Crime no. 253 of 2016 registered at Hadgaon Police Station, Dist. Nanded for the offence punishable under Section 406, 420, 468, 471, 506 r/w. 34, she be released on bail, upon executing P.R. bond of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount. III) The applicant shall attend the concerned Police Station on 2/12/2016 and, thereafter, as per the directions of the Investigating Officer.

IV) The applicant shall co-operate with the investigation and shall not take any steps to tamper with the prosecution material.

5.

Observations made in this order are only for the purposes of deciding the anticipatory bail application.

4 Cri. Appln. 5586/2016 6.

Criminal Application is accordingly allowed and disposed of.

[A.S. CHANDURKAR] JUDGE arp/