Priyanka W/O Sachim Kumar Poddar v. The State Of Maharashtra, Thr. Pso, Anjangaon Surji Police Station, Dist. Amravati (Amravati Gramin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No. 275 of 2022 Priyanka W/o Sachin Kumar Poddar

Versus

The State of Maharashtra, through Police Station Officer, Police Station Anjangaon Surji, Tq. Anjangaon Surji, Dist. Amravati. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.V.Sirpurkar, Advocate for the applicant. Mrs. Shamshi Haider, APP for the non-applicant. CORAM : ANIL S. KILOR, J.

DATED : 7th JUNE, 2022.

The applicant is seeking pre-arrest bail in Crime No. 512 of 2020 dated 21st October, 2020 registered with Police Station Anjangaon Surji, Tq. Anjangaon Surji, Dist. Amravati for the offence punishable under Sections 406, 468 and 420 read with Section 34 of the Indian Penal Code, 1860.

2.

Learned counsel for the applicant has argued as follows :- a) The applicant has returned back partial amount which she had received from the complainant.

b) The applicant is ready to return back balance amount to the complainant within three weeks. c) The custodial interrogation of the applicant in this matter is not necessary.

3.

On the other hand, learned Additional Public Prosecutor has opposed the present application and argued as follows:

i) The said fact is not disputing that the part payment has been made by the applicant.

ii) The applicant before the police made a statement that she has agreed to make the balance payment.

4.

I have perused the case diary and also contents of the First Information Report.

5.

Considering the undertaking given by the applicant before this Court that she will make the payment of balance amount within three seeks from today, I am of the opinion that the custodial interrogation of the applicant is not necessary. Thus, the applicant is entitled for grant of pre-arrest bail. Accordingly, I pass the following order.

ORDER

i.

Criminal application is allowed.

ii.

Order dated 21st April, 2022 granting adinterim anticipatory bail to the applicant is confirmed; iii.

The applicant shall pay back the balance amount within three weeks from today to the Police Station Officer of the concerned Police Station and the concerned Police Station Officer in turn handover the amount to the complainant, within one week from today, failing which the State is at liberty to move an application for cancellation of bail.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.06.07 15:46:26 +0530 SACHINDANAND K NAIR