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Bombay High CourtABA/95/2023disposed off

Ranu Wd/O. Sudesh Shende v. State Of Mah. Thr. Asst. P.I. Economic Wing, Nagpur (Rural), Dist. - Nagpur.

2023-03-03Hon'Ble Shri Justice Anil L. Pansare3 pages

(1) aba95.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 95/2023 Smt. Ranu wd/o Sudesh Shende .vs. State of Maharashtra, through Assistatn Police Inspector, EOW, Nagpur (R), Nagpur.

------------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Mr. A. K. Waghmare, Advocate for applicant.

Mr. V. A. Thakare, A.P.P. for non applicant no.1.-State. CORAM :

ANIL L. PANSARE, J.

DATE : MARCH 3, 2023.

On 15.02.2023, following order was passed.

"Learned Additional Public Prosecutor invited my attention to Annexure-5, which is letter dated 04.02.2023 issued by the applicant in favour of the Assistant Police Inspector, Economic Offences Wing, Nagpur (Rural), Nagpur, stating therein that she is ready to deposit 3,98,596/-. The letter further indicates that ₹ the applicant is ready to cooperate with the investigation. The accusation against the applicant is that some amount has been transferred in her account by the prime accused, which she is ready to deposit.

2. Concerned Police Station to take decision on the letter dated 04.02.2023.

3. Issue notice to the non-applicant, returnable after two weeks. 4. Learned Additional Public Prosecutor waives notice for non-applicant.

5. In the interregnum, in the event of arrest in Crime No.342/2022 registered with Police Station Parseoni, District Nagpur and now transferred to Economic Offence Wing, Nagpur (Rural), Nagpur for an offence punishable under Sections 465, 467, 468, 471, 409, 420 and 120B of the Indian Penal Code, applicant - Smt. Ranu Wd/o Sudesh Shende, be released on bail on she

(2) aba95.23 furnishing P.R. Bond in the sum of 25,000/- with one ₹ solvent surety in the like amount.

6. The applicant shall attend concerned Police Station/Economic Offence Wing on 18.02.2023 and 25.02.2023 between 02:00 a.m. and 05:00 p.m.

7. The applicant shall cooperate with the Investigating Officer.

8. The applicant shall not obstruct or hamper the police investigation and shall not play mischief with the evidence collected or yet to be collected by the Police." 2.

Learned A.P.P. submits that the applicant has deposited Rs.2,00,000/- and sought time to deposit further amount. He further submits that custodial interrogation is not required. 3.

In view of above and for the reasons set out in the order dated 15.02.2023, there is no reason why the interim order should not be confirmed. Hence, following order is passed.

ORDER

(i) The application is allowed.

(ii) In the event of arrest in Crime No.342/2022 registered with Police Station Parseoni, District Nagpur and now transferred to Economic Offence Wing, Nagpur (Rural), Nagpur for the offences punishable under Sections 465, 467, 468, 471, 409, 420 and 120B of the Indian Penal Code, applicant - Smt. Ranu Wd/o Sudesh Shende, be released on bail on she furnishing P.R. Bond in the sum of 25,000/- with one solvent surety in the like ₹ amount.

(iii) The applicant shall attend concerned Police Station/Economic Offence Wing as and when required by the investigating officer, till filing of the charge-sheet and shall cooperate in the investigation.

(3) aba95.23 (iv) The applicant shall, at the time of execution of bond, furnish his address and telephone/mobile number(s) to the Investigating Officer and to the Court concerned and shall not change the same till the final disposal of the case. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any Police Officer. (vi) The applicant shall not obstruct or hamper the police investigation and shall not play mischief with the evidence collected or yet to be collected by the Police. (vii) The applicant shall maintain law and order.

The application is disposed of.

(Anil L. Pansare, J.) kahale ARVIND KAHALE 18:51