Swapnarekha Tanaji Chavan v. The State Of Maharashtra And Another
2025:BHC-AUG:3553
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 944 ANTICIPATORY BAIL APPLICATION NO. 2081 OF 2024 Swapnarekha Tanaji Chavan
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Patil Sudhir Dattatraya APP for Respondents-State: Mr. S. K.Shirse ...
WITH ANTICIPATORY BAIL APPLICATION NO. 2083 OF 2024 Sunanda Shriprakash Shinde
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Patil Sudhir Dattatraya APP for Respondents-State: Mr. S. K. Shirse ....
CORAM : ARUN R. PEDNEKER, J.
Dated : February 07, 2025.
PER COURT :- 1.
Heard learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants are apprehending arrest in connection with FIR No.0261/2023, dated 20/12/2023, registered at Vedantnagar Police Station, District Aurangabad, for the offences punishable under sections 120-B, 406, 409, 420, 467, 468, 471, 34 of the Indian Penal Code and Section 3, 4 of the MPID Act.
3.
This Court, by order dated 08/01/2025, granted interim protection to the applicants, considering the orders passed in the case of Vaishali 1 of
Harish Daulanpure vs. The State of Maharashtra in ABA No. 1898/2024. The learned Counsel for the applicants submits that, in pursuance of the order passed by this Court, the applicants have attended the police station and has cooperated with the investigation. 4.
The learned APP points out the say of the Investigating Officer, wherein it is stated that the applicants are present at the police station. However, there is no mention in the report given by the Investigating Officer that the applicants have not cooperated with the investigation. 5.
The learned Counsel for the applicants submits that one Mr.Mankape and his family control approximately 12 institutions, and fraud has been committed in five to six of them, including the fraud of Adarsha Mahila Nagri Sahakari Bank Limited. The applicants are director of the said bank since its inception. The learned Counsel further submits that the applicants are a victim and that Mr. Mankape is responsible for the fraud, having taken advantage of the lack of knowledge of the applicants and other directors. 6.
It is stated that the applicants and another director have filed a complaint with the Commissioner of Police, leading to the registration of an offence. It is also stated that the charge sheet in the matter has been filed, and no further custody of the applicants is necessary for 2 of
investigation. The learned Counsel for the applicants submits that the applicants have cooperated with the investigation. 7.
He further submits that, in view of the order passed in the case of Vaishali Harish Daulanpure (supra), wherein this Court confirmed the interim protection granted to the applicants, the interim order passed in the present matter may also be confirmed. The present FIR was registered on 20/12/2023, and the charge sheet has been filed against accused Nos. 1 to 9. Subsequently, the charge sheet was also filed against Vaishali. However, as far as the present applicants are concerned, since the investigation against them is still pending, the charge sheet has not been filed.
8.
Considering fact that Vaishali Harish Daulanpure (supra) is granted anticipatory bail and the applicants have also cooperated with the investigation, the interim protection granted to the applicants is confirmed.
9.
In view of the above, the application is allowed in the following terms : - i] In the event the applicants are arrested in connection with FIR No.0261/2023, dated 20/12/2023, registered at Vedantnagar Police Station, District Aurangabad, for the offences punishable under sections 120-B, 406, 409, 420, 467, 468, 471, 34 of the Indian Penal Code and Section 3, 4 of the MPID Act, they shall be 3 of
released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants shall attend the police station as and when called by the police.
iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 10.
In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 11.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 12.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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