Smt. Padmabai W/O. Panditrao Deshmukh v. State Of Maharashtra Thr. Police Station Officer Police Station City Kotwali Akola

1 aba559.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.559/2017 Smt. Padmabai wd/o Panditrao Deshmukh ..Vs..

State of Maharashtra, though Police Station Officer, Police Station City Kotwali, Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Adv. for the applicant.

Shri M.J. Khan, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 1.8.2017.

Heard.

Apprehending arrest in connection with Crime / F.I.R No.208/2016 registered against the applicant for the offence punishable under Sections 420, 416, 419, 468 and 471 read with Section 34 of the Indian Penal Code, the applicant has sought pre-arrest bail.

The crime is registered pursuant to an order passed under Section 156(3) of the Code of Criminal Procedure. The accusations against the applicant are that she got sale deed of plot executed in her favour by impersonation. According to the investigating agency, Shri Santosh Ramchandra Deshmukh, owner of the plot, died in 2010 and the sale deed is got executed on 2nd

2 aba559.17 July, 2014.

The learned Advocate for the applicant has submitted that the applicant is a housewife, has studied upto 9th standard and the affairs relating to property / plot were being looked after by her husband who died on 28th January, 2017. It is pointed out that Mangesh Panditrao Deshmukh, son of the applicant, is witness to the execution of sale deed and if the transaction was fraudulent, the son of the applicant would not have signed the document as witness.

Be that as it may, considering the fact that applicant is a woman, aged about 52 years, accepting her statement that she is not involved in any other crime / offence and as the non-applicant has not been able to point out that custody of applicant is required for further investigation, following order is passed:

In the event of arrest in connection with Crime / F.I.R. No.208/2016 registered by the non-applicant, the applicant be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand) and furnishing one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE Tambaskar.