Sau. Vanita Amit Meshkar v. State Of Maharashtra Thr. Police Station Officer, Police Station Ambazari Nagpur

1 aba410.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 410 OF 2017 (SAU. VANITA AMIT MESHKAR...VS...STATE OF MAH. THR. P.S.O. PS AMBAZARI, NAGPUR, DISTT.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Vyas, Advocate for Applicant.

Shri N. R. Patil, A.P.P. for Non-applicant.

Shri S. A. Saoji, Advocate, Assist to prosecution. CORAM : Z.A.HAQ, J.

DATED : 18 th JULY , 2017.

CRIMINAL APPLICATION (APPP) NO.1131 OF 2017.

Considering the facts of the case, the complainant Madan Prabhakar Deshpande is permitted to assist the prosecution.

The Criminal Application is allowed.

CRIMINAL APPLICATION (ABA) NO.410 OF 2017.

Heard.

Apprehending arrest in connection with Crime No.108 of 2017 registered against the applicant and coaccused Ashish for the offence punishable under Sections 406, 420, 465, 468 read with Section 34 of the Indian Penal Code and Section 66 of the Information Technology Act, the applicant has sought pre-arrest bail.

The crime is registered on the complaint lodged

2 aba410.17 by Madan Prabhakar Deshpande that the applicant had been working with the complainant and the applicant in connivance with co-accused siphoned of substantial amount of Rs.30,17,000/- by manipulating entries in the records maintained by her.

By order passed on 19th June, 2017, the applicant is granted interim protection. Subsequently, the Criminal Application (APPP) No.1131 of 2017 is filed by the complainant seeking permission to assist the Court. The learned advocate for the applicant has submitted that the matter is amicably worked out, some amount is paid to the complainant and post dated cheques for balance amount are given. Shri. S. A. Saoji, learned advocate for the complainant, has not disputed the above facts.

It is not the complaint of the Investigating Agency that after this Court granted interim protection, the applicant has not co-operated with it. The non-applicant has not been able to point out that custody of the applicant is required for further investigation. The applicant (woman aged about 34 years) has stated that she is not involved in any other crime/offence.

Considering the facts of the case, following order is passed :

The interim order passed on 19th June, 2017 granting protection to the applicant is confirmed, however, on condition that post dated cheques given by the applicant to the complainant are honoured when presented on due date.

3 aba410.17 If any of the cheque given by the applicant to the complainant is dishonoured, this order shall stand recalled, the application shall stand dismissed and the Investigating Agency will be at liberty to take coercive action against the applicant.

The application is allowed in the above terms. JUDGE PBP