Anjali Chandrachud Ratnaparkhi And 2 Others v. State Of Punjab, Thr. Its Pso Div. No. 7, Jalandhar, Dist. Punjab And 2 Others
2024:BHC-NAG:9124
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.589 OF 2024 (Shishir Shripad Joshi Vs. The State of Maharashtra and ors.) AND CRIMINAL APPLICATION (ABA) NO.590 OF 2024 (Anjali Chandrachud Ratnaparkhi and ors. Vs. State of Maharashtra and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.S. Mardikar, Sr. Advocate a/b Mr. S.M. Vaishnav, Advocate for the applicants. Mr. K.R. Lule, APP for the State in ABA 589/2024. Ms S. Dhote, APP for the State in ABA 590/2024. CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- AUGUST 14, 2024 The present applications are filed by the applicants for grant of pre-arrest bail in connection with Crime No.85/2024 registered with Police Station Officer, Division No.7, Police Commissionerate, Jalandhar, Punjab for the offence punishable under Sections 406, 420, 506 and 120-B of the Indian Penal Code.
2.
The applicants in Criminal Application (ABA) No.589 of 2024 are the relatives of the principle accused namely Shrirang Ratnaparkhi. Applicant No.1 in Criminal Application (ABA) No.589/2024 is the brother-in-law, applicant No.2 is the wife of the applicant No.1 and applicant Nos.3 and 4 are the brother-in-laws of the coaccused Shrirang. The applicants Nos.1 and 2 in Criminal Application (ABA) No.590/2024 are the parents and applicant No.3 is the wife of the co-accused Shrirang.
3.
The applicants are apprehending arrest at the hands of police as crime is registered on the basis of report lodged by one Gurpreet Singh Gurdarshan Singh on an allegation that he got acquaintance with the co-accused who is arrested and he induced him to invest Rs.20.00 crores on the assurance that if he invested the said amount he would get Rs.30.00 crores in a month on which the complainant has invested the money but he has not received any returns on the said investment. On the contrary, he was duped by the co-accused Shrirang and other co-accused. It is alleged that the co-accused Shrirang had deposited the amount in the account of the present applicants, and therefore, they are arraigned as an accused.
4.
Learned Senior Counsel for the applicants submitted that as far as the present applicants are concerned there is no direct involvement in the alleged offence. They are arraigned as an accused only because the co-accused has deposited some amount in their accounts. As far as the custodial interrogation is concerned which immediately is not required as entire bank statements are with the investigating agency. Moreover, they are ready to cooperate with the investigating agency. He submitted that the time is required for the applicants to approach to the concern Court. In the meantime, the police from the State of Punjab are visiting the abodes of the present applicants and they are every apprehension of arrest at the hands of
the investigating agency, therefore, till they approached to the concerned Court, they be protected by granting Transit Bail.
5.
Learned APP strongly opposed the applications on the ground that considering the nature of the allegations immediate custodial interrogation of the present applicants is required. Moreover, it reveals that some amounts are transferred in the accounts of the present applicants and there is every likelihood of disbursement of the said amount from the said accounts. In view of that, the application deserves to be rejected. 6.
I have heard learned Senior Counsel for the applicants and learned APP for the State. Perused the recitals of the FIR from which it reveals that the entire allegations are made against the co-accused who is accused No.1 namely Shrirang who is son of the applicants in Criminal Application (ABA) No.590 of 2024. As far as the involvement of the present applicants is concerned only on account of some amounts are deposited in their accounts. Considering the same, immediate custodial interrogation of the present applicants is not required, and therefore, the applicants can be protected for two weeks till they approach to the concern Court for grant of anticipatory bail. Accordingly, I proceed to pass the following order:
(i) Both the applications are allowed.
(ii) In the event of the arrest, the applicants in Criminal Application (ABA) No.589/2024 -
1) Shishir Shripad Joshi, 2) Prajakta Shishir Joshi and 3) Parag Avinash Vakil and 4) Avinash Vyankatesh Vakil and in Criminal Application (ABA) No.590/2024 - 1) Anjali Chandrachud Ratnaparkhi, 2) Chandrachud Ambadas Ratnaparkhi and 3) Deepali Avinash Vakil in connection with Crime No.85/2024 registered with Police Station Officer, Division No.7, Police Commissionerate, Jalandhar, Punjab for the offence punishable under Sections 406, 420, 506 and 120-B of the Indian Penal Code, shall be released on Transit Anticipatory bail for two weeks on executing P.R. bond of Rs.25,000/- each with one solvent surety each in the like amount.
(iii) The applicants shall attend the concerned police station when they were called for the investigation purpose and shall cooperate with the investigating agency.
(iv) The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
7.
Both the applications are disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya