Kailash Sukhlal Devkar And Others v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1555 OF 2022 Kailash Sukhlal Devkar And Others ...Applicants

Versus

The State Of Maharashtra & Another

...Respondents.

Mr. G.L. Deshpande, Advocate for the applicants. Mr. A.V. Deshmukh, APP for the respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 16 th JANUARY, 2023 ORDER :

1.

The applicants apprehend arrest in Crime No. 295/2022, registered with Kannad City Police Station, Aurangabad, for offences punishable under sections 406, 417, 420 read with 34 of the Indian Penal Code.

2.

It is alleged in the FIR that the applicants and informant were neighbors. Son of applicants No. 1 and 2 and husband of applicant No. 3 induced informant and other to invest amounts in the share market. Accordingly, informant gave amount of Rs. 5,45,874/- to accused No. 1-Pravin. Informant further alleges that at some times applicants also induced him to

{2} invest amounts in the share market. It is alleged that the applicants in collusion with main accused-Pravin have deceived informant and his four friends to the total amount of Rs. 27,50,000/-.

3.

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

4.

It appears that accused No. 1-Pravin has accepted the amounts from the investors including informant. Though, there is a statement of one of the witness that he has given some amount to applicant No. 1 and original Accused No.1Pravin, except that active role played by the applicants in the alleged offence is not seen from the record. The applicants were granted interim protection. They have attended the concerned police station and has co-operated in the investigation. Nothing is to be recovered from the applicants. Applicants No. 2 and 3 are women. Pre-trial custodial detention of the applicants is not warranted in the facts of the present case.

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In the result, application is allowed by confirming interim order dated 22.11.2022.

6.

Applicants shall attend the concerned police station from 18th January, 2023 to 30th January, 2023, everyday, between 10.00 am to 12.00 noon and shall co-operate in the investigation.

7.

Thereafter, till filing of charge sheet, applicants shall attend the concerned police station as and when called by the investigating officer. The applicants shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI, J.]