Babita W/O Shivajirao Gaikwad v. The State Of Maharashtra And Another

2024:BHC-AUG:452 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1804 OF 2023 Babita W/o Shivajirao Gaikwad ...Applicant

VERSUS

The State Of Maharashtra And Another

...Respondents

...

Mr. P.P. More, Advocate for applicant.

Mr. S.B. Jadhav, APP for respondents-State.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11 th JANUARY, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 180 of 2023, registered with Anandnagar Police Station, DistrictOsmanabad, for offences punishable under sections 420, 468, 471 read with 34 of Indian Penal Code.

2.

FIR is lodged by Sachin Surwase alleging that on 23.07.2020, he purchased a plot bearing Plot No. 18 out of Gut No. 116/7, admeasuring 271.24 Sq.Ft from Madhukar Tavade by registered sale deed bearing No. 2383/2020, for consideration of Rs. 6,80,000/-. One Prashant Kadam also purchased Plot No. 12 from same Gut number. When they took copies of mutation entries of said plots from Tahsil office they came to know that,

{2} applicant, who at the relevant time was District Manager of Mahatma Fule Magasvargiya Vikas Mahamandal, Osmanabad advanced loan of Rs. 5,00,000/- on said plots to accused Deepak Kadam, who had prepared forged documents in their names and obtained loan on said plots.

3.

Heard the learned advocate for applicant and learned APP for respondents. Perused the investigation papers. 4.

Applicant was working as District Manager at Latur. On 26.09.2019, charge of Osmanabad branch was given to applicant. Alleged loan in question was sanctioned on 07.06.2019. Applicant stood retired on 31.05.2020. 5.

Investigation relates to documentary evidence, which investigation officer has already seized. Co-accused was arrested and is released on regular bail. Since, applicant is retired, she is not in a position to provide further documentary evidence. Her custodial interrogation, is therefore, not warranted in the peculiar facts of the present case.

6.

In the result, application is allowed in terms of interim protection order dated 31.10.2023.

{3} 7.

Till filing of charge sheet, applicant shall attend the concerned police station as and when called by the investigation officer. Applicant shall not tamper the prosecution evidence. [NITIN B. SURYAWANSHI, J.]