Smt. Ragini W/O. Prashant Karande (In Jail) v. State Of Maharashtra Thr. Police Station Officer Bajaj Nagar Nagpur

1 ba653.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 653 OF 2017 (SMT. RAGINI W/O PRASHANT KARANDE...VS...STATE OF MAH. THR. P.S.O. PS BAJAJ NAGAR, NAGPUR, DIST.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri U. P. Dable, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : 31 st JULY, 2017.

Heard.

The applicant was arrested in connection with Crime No.96 of 2017 registered against four persons (including the applicant and her husband) for offence punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code and Section 66 of the Information Technology Act, 2000.

The accusations against the applicant are that under the garb of running an Overseas Placement/Management Company and assuring to provide employment, the accused has duped about 42 young aspirants of huge amount, about Rs.3,00,000/- per person. The applicant was arrested on 20th June, 2017. Co-accused Prashant (husband of the applicant) and coaccused Yusuf also came to be arrested. According to the applicant, she and her partners acted bonafide and though amount of Rs.3,00,000/- is taken from each candidate, amount of Rs.2,30,000/- per candidate is transferred in the account of Kraft Overseas Management

2 ba653.17 and only Rs.70,000/- per candidate was retained towards processing charges and fees of applicant and her partners. It is submitted that there had not been any intention of the applicant and her partners to cheat the young aspirants and the applicant and her partners have been cheated by Kraft Overseas Management.

Be that as it may, considering the fact that the applicant is woman aged about 40 years, having the responsibility to take care of two children by an interim order passed on 18th July, 2017, it was directed that the applicant be released on provisional bail. The non-applicant has not complained that the applicant has misused the liberty. The non-applicant has not been able to point out that further custody of the applicant is required for investigation. The applicant has filed an affidavit sworn on 31st July, 2017 stating that Flat No.403, admeasuring 50.371 sq.mtr, situated on 4th floor of "Agnirath Sankul", Plot No.37, Khasara No.85/1, Somalwada, Nagpur, is owned by the applicant and her husband and an undertaking is given that third party right or interest will not be created and the possession of the flat will also be retained with the applicant and will not be parted with.

Considering the facts of the case and accepting the undertaking given by the applicant as recorded above, the order passed on 18th July, 2017 is confirmed. The application is allowed accordingly.

JUDGE PBP