Mira W/O Sani Maske And Another v. The State Of Maharashtra

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 942 ANTICIPATORY BAIL APPLICATION NO. 2007 OF 2024 Mira W/o Sani Maske & another ....Applicants

VERSUS

The State of Maharashtra .....Respondent .....

Mr. A. S. Hazari, Advocate for Applicants.

Mr. D. B. Bhange, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 14th JANUARY, 2025.

PER COURT :

1.

Applicants apprehend arrest in connection with Crime No. 0116/2023 registered with Kallam Police Station, District Osmanabad, for the offences punishable under Sections 420, 468, 471, 409,403, 474 read with Section 34 of Indian Penal Code. 2.

First Information Report is lodged by Customer Officer of Mahindra Rural Housing Finance Limited, Branch Kallam. It is alleged in the report that loans were disbursed to eight applicants for

- 2 - construction of house. However, later on it was revealed that on the basis of bogus documents said loan is obtained. 3.

Learned counsel for the applicants submits that the borrowers to whom present applicants are shown as co-borrowers are granted anticipatory bail. He, therefore, submits that applicants are entitled for anticipatory bail on the ground of parity. It is his submission that for want of custodial interrogation, interim relief be confirmed.

4.

Learned APP opposed the application by citing seriousness of the crime.

5.

There is no dispute about the fact that the accused who were borrowers are granted anticipatory bail. As of today, the said order subsists as the same has not been set aside. When liberty of the borrowers is protected, this Court finds no reason to reject the application of co-borrowers. Even otherwise, having regard to the allegations against present applicants, nothing is to be recovered at their instance. As such, their custodial interrogation is not necessary.

Applicants were granted interim protection on

- 3 - 04.12.2024. They cooperated in the investigation. There is no misuse of the liberty. Hence, application is allowed in terms of the interim order.

( R. M. JOSHI) Judge dyb