Anita D/O Anandrao Ingale @ Anita W/O Kiran Jadhav v. The State Of Maharashtra

criap7014.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 7014 OF 2015 Anita d/o Anandrao Ingale alias Anita w/o Kiran Jadhav ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr V.S. Panpatte, Advocate for applicant;

Mr M.B. Bharaswadkar, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 29th January, 2016 ORDER :

The applicant is seeking pre-arrest bail, in connection with C.R. No.83 of 2015, registered with Mukramabad police station, for offences punishable under sections 420, 467, 468 and 471 of the Indian Penal Code.

2.

The allegations against the applicants are that, by procuring bogus qualification certificates of having completed K.G. Montessori training course, she has secured employment as Anganwadi Sevika. 3.

There is a separate litigation going on between the applicant and the authorities in a writ proceedings.

4.

While trying to make out a case for grant of pre-arrest bail, learned Counsel appearing on behalf of the applicant would submit that the alleged incident is stale one and custodial interrogation of the applicant is not necessary, as the police authorities have already seized original marks memo along with qualification certificate, which is claimed to be bogus one. He would then submit that the applicant, a woman, needs consideration in view of proviso to section 437 of the Code of Criminal Procedure.

criap7014.15 (2) 5.

Learned Addl. Public Prosecutor, while opposing the application, would submit that there is prima facie case against the applicant and her husband is an influential person.

6.

Having regard to the investigation carried out till date, in my opinion, custodial interrogation of the applicant is not necessary, as the relevant documents are already seized by the Investigating Officer. 7.

Apart from above, the fact remains that the alleged offence has occurred between 2006 and 2009. As such, in my opinion, custodial interrogation of the applicant is not necessary. Thus, the applicant is entitled to be released on pre-arrest bail. I, therefore, pass following order :- In the event of arrest of the applicant, in connection with C.R. No.83 of 2015, registered with Mukramabad police station, for offences punishable under sections 420, 467, 468 and 471 of the Indian Penal Code she be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

The applicant shall attend the Investigating Officer as and when called by the Investigating Officer.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj